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Les diagrammes suivants illustrent la mdthode. rrata to pelure, n d n 32X 1 2 3 4 5 6 c COUNTY CONSTABLE'S MANUAL ; OR, HANDY BOOL ^-^ COMPIIiED VROM TH£ CRIMINAL CODE, i892-3- WITH SCHEDULES OF FEES, CRIMES AND PUNISH- MENTS ; THE COURTS AND JURISDICTION. BY J. T. JONES, High Constable County of York, SECOND EDITION. I&f' TORONTO : THE CARSWELL Co. (Ltd.), LAW PUBLISHERS, Etc. 1893. ^i Entered according to Act of the Parliament of Canada, in the year one thousand eight hundred and ninety-three, by The Cahswbli. Co. (Ltd.), in the office; of the Minister of Agriculture. Toronto: I'KINTKD BV THK OAIIHWELL CO. LTD. 22, CO Atk'lai(U) St. East. PREFACE. 1 the year one IK Cakbwbll re. ri1HE introduction of the Criminal Code of 1892, and other changes in the Statutes and the first edition being out of print neces- sitate the presenting of another edition of the Constables' Manual or Handy Book. I have carefully endeavoured to compile it as in the first edition in a portable form, so that constables may have it with them for reference. This has been accomplished under difficulty as I have been constrained to get every thing necessary for a constable to know into such a small space. Trusting that it will meet the requirements of the times as well as the success of the former edition. J. T. JONES High Constable, County 0/ York, Court House, Toronto, Nov. 25th 1890. I» '•?» CONTENTS. Abandoning children 1 Abduction 1 Abortion 1 Accessories and abettors 1, 2, 3, 4 Accidents by wrongful acts 4 Accuse of crime 4 Actions against justices and constables 4, 5, C, 7 Adulterization of food, etc 7 Affray 8 Animals, cruelty to 9 Agriculture and arts 12, 13 Appointment of constables 14 Assistant constables 18 Arrest 18 Arresting with warrant 174 duty of person 178 the wrong person 179 force used in 179^ 180 without warrant 183 neglect to aid 122 Assault, common, and battery 21 self-defence against 30, 31 Aggravated assault 24 Auctioneers 33 VI COXTRXTS. Bathitifl SB BatoiiM 25 BollH 25 Bawdy-houBO H7 Bef^^ars 21), KiU Bettin^-houHo 7H, 1 1 i Bi^'ainy 20 ■^Jirdfl, insoctivoroufl 2(1, 27 Broakinf^ open (ioorB 2t), li 1, 1)5, ;{(> Bridges, driving on 37 Brothel or common bawdy-houHo 37 BuildingH, to regulate ogresa from 38 Burglary 3!) By-laws 40 Children, abandoning 1 exposing (>3 Clergymen, obstructing 41 Close season 72, 84 Cock-fighting and maintaining pit i), 10 Constables 42 coroners 45 Coin, counterfeit 48 Concealed weapons 49 Corruption of ofticera, etc 50 Cruelty to animals 9 12 Defence of dwelling-house 101 Depositions 51 Disorderly houses 80 Distraint of goods on premises 51 Distress warrant 52, 53 Disturbing religious meeting 54 I I- CONTENTS. ig — ■■ ^— Doga S4, 4A Dog. killing or maiming CO Htoaling 60 tax on Iii7 Doorfl of churchoH, etc 50 Drink 57 Driving on roads or bridges 68 furious 77 Drunk or disorderly 58 Kflcapo and rescue 60 Kvidonce CO I'jxhibitions, keeping the peace at 12 Expenses 03 Exposing children 03 Extortion 03, 04 "False pedigree 13 pretences 05 Fees, scliedulo A 199-203 Felony and miadouieanour GO Ferries 60 Fines, etc., schedule H 205 et seq. Fire arms 07-09 Fish 72 Foot marks 75 Forgery 75 Furious driving 77 Game and f ur-boaring animals 81 Gaming-house 77, 89 playing or looking on in 80, 81 obstructing officers entering 81 fW CONTEXTS. Oamblin^ in public conveytvnco 82, H3, 84 GaoIorH reruipt 01 (lunroal HoHHioiiH 01 HandciifTH 04 Ili^h coiiHtablo 05 Highway, obHtruc.tinf^ 05 travelling on 05, 00 shado trooH on 07 ITorflo stcalerH, reward 08 Housobreakinf^ 00 inHtrumentK, etc 00, 100 Incest 102 Indecent acta 102, 103 asHaults 32, 33 Indecency, gross 103 Insane persons 103 Intimidation 174 Justices courts a potty sessions 125 Larceny 105, IGl, 102 Liquor licenses 105, 155-157 Lord's Day Act 105, 100 Machines to be protected 107, 103 Malicious injury to property 107 Manslaughter 107 Master and servant 107 Meetings 54, 108 Memorandum boolc 108 Mileage 108 Mills and mill dams 100 nONTKNTS. Mi«con(liict of officer oxocutlnj^ writ 19H Morality, otfoncoH a^ainHt 110 McralH, publio 110, HI Murder Kl, 112, 113, 114 Nnfjlcct to aid in arrcHtinf^ ofTi'iulers 122 Nt(^^I«ctin«,' to provide for wife, (ito 114 NuiHanoub 114 Uatli.conHtables nature of 114, 115, 110, 1 17 Obflceno words, books, etc 117 ()btaininf» money, etc., by false pretences 117 Open air preachinj^ 118 Passenjjers steamers, order on ... , 118, 119, 120 Tawnbrokors 120, 121 Teace oHicer 121 sureties for keeping? 122, 123 preservation of, nep • public works 129 redij,'ree, false l.'j Pedlars 124 I'otty sessions 126, 120 trespasses 12i; Placards 117, 127 Pounds 127, 128 breach , i28 Prisoners 132, 133, 134, 135, 13G, 187 Prize fij^bting I37, 138 Proclaimed district I39 Prostitutes 139 Public health 139 obstructing health officer 140 X CONTENTS. Public works possessing weapons near 129 sale of liquor near 130, 131 Railways, mischief on 140, 141 Kape 142 Reasonable and probable cause 142 Refusinj^ to assist constable 140 Rescuing prisoners 144. 59 Resisting or obstructing constable 24 Revolver, carrying 67, 08, G9 Riots and unlawful assemblies 144 Roads, furious driving on 77 Search warrant 14(5, 147, 148, 149, 150 Self-defence against assault 30, 31, 32 Sentences 205 Sessions, general 91 Suicide, attempt to commit 150 Subpoenas, service of 151 Summons, service of 151 Sunday 105, 153 Suspected persons 153 Suspension from office , 153 Swearing, etc 154 Tariff of fees, schedule A 199-203 Tavern and shop licenses 155, 156, 157 Tax on dogs 157 Telegram, arresting on 158 Temper 160 Theft 161 Thieves 163 CONTENTS, XI Thistles, Canada 196 Threshing machines 160 Timber, appropriating, found adrift 164 Treason, high 165 Trespass 168 Vagrants 169, 170, 171, 172 Violence, threats, etc 172, 173, 174 Warrant, arresting on 174, 175, 176, 177, 178, 179 force used 179,180,181,182 without 183 Weapons, concealed 49 Weeds, etc., noxious 195 Worship, disturbing 64 Witchcraft, pretending to practice 197 Wolves, destroying 197 Writs, misconduct of officers entrusted with 198 Si- CONSTABLE'S MANUAL m THE CONSTABLES' MANUAL Abandoning children under two years of ago, C. C. 1892, s. 21G. Abduction. C. C. 1892, ss. 281-2-3. 2«1. Of a woman with intent to marry or carnally know. 282. Of an heiress from motives of lucre. aM:i. Of girl under 16 years of age. Abortion or attempt to procure. C. C. 1892, ss. 272-8-4. Accessories and Abettors. C. C. 1892, ss. 61-2, 3, 531 2. Ol. Every one is a parfcy to and guilty of an offence who, J.C.M.— 1 2 C(h\S TA HI. /v.S' .1/ . I NUA L. (a) jic'tually coiniiiits it ; or (b) (loos or omits aii act for the pur- pose of aidin^,^ any person to coniiiiit the otreiice ; or (c) abets any person in commission of the ofTence ; or {(1) counsels or procures any person to commit the pffence. ' If several persons form a connnon intention to prosecute any unhiwful [)ur- pose, and to assist each other therein, each of them is a party to every oH'ence comnntted by any one of them in the pro- secution of such connnon purpose, tho commission of which offence was, or o>: . ; :. to have been, known to be a pro:)[.l ; consequence of the prosecution of such connnon purpose. 62. Every one who counsels or pro- cures another to be a party ta an offence of which that other is afterwards guilty is a party to that offence, although it may w (UX.STA li/JuS' MAM'AL piu'- it the ioii of son to iimioii il \mv- Liercin, i)fi'ence le pro- e, tbr. toi .■ '^ ii ■obiil 5 f such )r pro- ofience iiilty is it may bo (•oniniittcd in a way different from that which was counselled or sug^^ested. Every one who counsels or procures another to be a party to every offence which that other conunits in consequence of such counselling or procuring, and wliicli the person counselling or procur- ing knew, or ought to have known, to be committed in consequence of such coun- selling or procuring. 0;$. An accessory after the fact to an offence is one who receives, comforts or assists any one who has been a party to such offence in order to enable him to escape, knowing him to have been a party thereto. 2. No married person whose husband or wife has been a party to an offence shall become an accessory after the fact thereto by receiving, comforting or assist- ing the other of them, and no married woman whose husband has been a party to an offence shall become an accessory after ('(hWSTMlLI'lS' MA MM, the fact thereto by receiving, comforting or assisting Ijer husband, or by receiving, comforting or assisting in his presence and by liis authority, any ofclier person who has been a party to such offence, in order to enable her husband or such other person to escape. Accidents by wrongful acts. 0. C. 181)2, m. 251,255. 251. Negligently endangering the safety of persons or railways. !J5*i. Negligently causing ])odily injury. 353« By furious driving. 255. Leaving holes m the ice, and excavations unguarded. Accuse of crime. C. C. 18!)2, s. 103, 5, G. Send threatening letter to. Extortion by certain threats. Actions against persons administering the Criminal Law. C. C. 1892, s. 975, 80. n75. Every action and prosecution against any person for anything purport- coy ST A Ui KS ' MA S I A L Porting Divingj cseuce person ^nco, in h other 1892, ss. Lg th c injury. ce. , G. and ring the , 80. secution purport- •'4 1 I i\v^; to be done in pursuance of any Act of tlie PHrliiiinent of Canada relatini( to the criminal hiw, shall, uidess otherwise provided, be laid and tried in the district, county or other judicial division, where the act was eomniitted, and not else- w^here, and shall not be commenced excerpt within six months next after the act connnitted. 1>70. Notice in writing of such action and of the cause thereof, shall be given to the defendant one month at least before the commencement of the action. 077. In any such action the defend- an.t may plead the general issue, and give the provisions of this title and the special matter in evidence at any trial had there- upon. U7H. No plaintiff shall recover in any such action if tender of suflicient amends is maile before such action brought, or if a suilicient sum of money is paid into ClhVSTA niJiS' M \ M\\ L court l)y oi* on bcliulf of tlie dcfcndjint Hl't(»r such action hrouglit. !>70. If sue! I jiction is eotnnioncMHl after the time hereby limited for brin^in^^ the same, or is brongbt, or the venue hiid in {iny other ])hie(» tlian aforc^said, a verdic^t shall l)(^ found or judgment shall be givcMi for the defendant ; and tlierenpon or if the plaintiff ])eeomes non-suit, or diseontinnes any such action after issne joined, or if upon donnirrer or otherwise jn dement is t^iven against the plaintiff, tlie defen- dant shall recover his full costs as between solicitor and client, and shall have the like remedy for the same as any defendant has by law in otiier cases; and although a verdict or judgment is given for the plaintiff in any such actiou, such plaintiff shall not have costs against the defen- dant, uidess the jndge, l)efore whom the trial is had, certifies his approval of the action. I C'O.NVS TA BLJ:^ ' AIA S L'A L 1IM0. Nothing' liuK'iii sliull prevent the cCtVct of }iny Act in force in any Province of Ciiiuida, for the [)rotccti()n of justices of the peace or other o(lic(Ms from vex- atious actions for thin«(s pnr[)ortin«j[ to he done in th(^ performance of their duty. Adulteration of Food, Drugs and Agricul- tural Fertilizers, ii. S. C. p. 1118, c. 21, c. '2(), 18<)0. {(i) The expression " food " inchides every article nsed for food or drink by man or by cattle ; (/;) The eK[)ression '' drug " includes all medicines for internal or external use for man or for cattle ; (c) The expression " agricultural ferti- lizer " means and includes every snb- stance importcnl, manufactui'ed, pri^pared or disposed of for fertilizing or nninuring pnrposes, which is sold at more than ten dollars pt^r ton and which contains piios- phoric acid, or anniionia or its eijuivalent rnXSTA IM. KS' .][,{ ,v r. I r. of nitro^'cn ; ciiforccnHMii of pciialiioB iiiav be imd(4' tlie Inhiiid lievi'iiiu? Act. Affray. CC. 1h1)2, .«. DO. ' An jilTniy is th(^ act of ii^4itinle to two years' imprisonment wlio {(i) assaults any person with intent to connnit any indictable olTenr e ; or {h) assaults any public or peace officer engaged in the execution of his duty, or any person acting in aid of such officer ; or (c) assaults any person with intent to resist or prevent the lawful apprehen- sion or detainer of himself, or of any other Derson, for any offence ; or (d) cvssaults any person in the lawful execution of any process against any lands or goods, or in making any lawful distress or seizure, or with intent to rescue any goods taken under such process, dis- tress or seizure. (e) On any day wherever any poll for any election, parliamentary or municipal, is being proceeded with, within the dis- t A coy ST. 1 fiL /jJ.S' M A XI \i L. 25 IC- rs' to tance of two miles from the place where Giicli poll is taken or held, assaults or beats any person. Batons Are issued to each constable, and if lost or damaged through carelessness are not to be supplied except by special applica- tion to a justice of the peace. Batons are supplied to enable constables to protect themselves if violently attacked. If a constable is likely to be overpowered, he may use his baton, taking care to avoid striking on the head. The arms and legs should be aimed at to disable a prisoner as parts of the frame least likely to suffer serious injury. The use of the baton is not to be resorted to except in extreme cases, V hen all other attempts have failed, and a prisoner is likely to escape through the constable being ill-used and over- powered. . Bells. R. S. 0. c. 195. 2(5 coysrA iiL A'.s" ma s i m a. Beggars- Ontario Mun. Act, 1892, s. 49G ; C. C. s. 207. 207. Are to be apprehended and cliarged with this offence under the Vagrant Act. See also Vagrants. Bigamy. C. C. 1892, s. 275. 275. Bigamy is — (a) the act of a person who, being mar- ried, goes through a form of marriage with any otlier person in any part of the world ; or (b) the act of a person who goes through a form of marriage in any part of the world with any person whom he or she knows to be married ; or (c) the act of a person who goes through a form of marriage wuth more than one person simultaneously or on the same day. Birds, Insectivorous. R. S. 0. c. 222. The Act for the protection of insect- ivorous and other birds beneficial to agri- cultural is one specially demanding the 11 t CO.WSTA liLlilS' MA N UA L. 27 C. attention of county constables, and de- clares that it shall not be lawful to shoot, destroy, wound or injure, or to attempt to shoot, destroy, kill, wound or injure any bird whatsoever, save and except eagles, falcons, hawks, owl^, wild pigeons, black- birds, kingfishers, jays, crows, English spariows and ravens, and the birds especi- ally mentioned in the Act for the protec- tion of game and fur-bearing animals, nor to apply to any imported cage birds, or other domesticated bird or birds generally known as cage birds, or to any bird or birds commonly known as poultry. Any one may shoot robins and cherry birds on his own premises for the protec- tion of his fruit from the attacks of such birds. Neither shall it be lawful to take, cap- ture, buy, sell, expose for sale, or have in possession any bird whatsoever save the kinds so excepted, or to set any net, snare, trap, cage or other machine for taking or 28 ( 'OXS TA HL ES' MA S I \l L. capturing them, nor to take their nests, young or eggs of any bird unless those excepted. Any person may seize on view any bird unlawfully possessed, and carry the same before any justice of the peace, to be by him confiscated, and if alive, to be liber- ated ; and it shall be the duty of all market clerks, policemen and constables on the spot, to seize and conliscate, and if alive, to liberate such birds. A violation of this Act subjects the offender to a fine not exceeding ^20, and not less than $1, with costs on conviction before one justice of the peace. Prosecu- tor to have all the fine if he is not in collusion with defendant, and in default the offender imprisoned in the common gaol for a period of not less than two and not more than twenty days. The commissioner of agriculture and all persons whom he may authorize, c? ay grant written permission to any person or per- COXSTADLES^ MANUAL. sons desirous of obtaining birds or eggs for scientific purposes. Breaking Open Doors. Breaking open an outer door or window to enter a man's house, is an objectionable and dangerous proceeding, and should only be resorted to in extreme cases. The peace and security of private dwellings is a matter of great importance. It is only in matters of high concern to the public, and to prevent the ends of justice being frustrated, that the law^ permits its oflficer to have recourse to this obnoxious pro- ceeding. The officer is therefore in no case justi- fied in breaking open outer doors, or the windows or other parts of a house, until — (1) He has declared his business; (2) demanded admission; and (3) allowed a reasonable time for opening them to elapse, and they have not been opened in that time. .JO COXSTA/iLKS' MANUAL ( / Self defence wjainst %in provoked asariult. 45. Everyone inilawfvilly assaulted, not having pi >ed such assault, is just- fied in repelling torce by force, if the force he uses is not ^nej'.^- to cause death or grievous bodily harm, and is no more than is necessary for the purpose of self- defence ; and everyone so assaulted is justified though he causes death or griev- ous bodily harm, if he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purpose, and if he believes, on reason- able grounds, that he cannot otherwise preserve himself from death or grievous bodily harm. Self-defence (ujninHt iHovohed asmult, 4C. Every one who has without justi- fication assaulted another, or has pro- voked an assault from that other, may nevertheless justify force subsequent to CON^^TA BL ES* MA N UA L. 31 such assault, if he uses such force under reasonable apprehension of death or grievous bodily harm from the violence of the person first assaulted or provoked, and in the belief, on reasonable grounds, that it is necessary for his own preserva- tion from death or grievous bodily harm : Provided, that he did not commence the assault with intent to kill or do grievous bodily harm, and did not endeavour at any time before the necessity for preser- ving himself arose, to kill or do grievous bodily harm : Provided also, that before such necessity arose he declined further conflict, and quitted or retreated from it as far as was practicable. 2. Provocation, within the meaning of this and the last preceding section, may be given by blows, words or gestures. 47. Every one is justified in using force in defence of his own person, or that of any one under his protection, from an assault accompanied with insult : Pro- 82 coy ST. I IlL A'.S' M. I .V I M />. f . vicleJ, that he uses no more force than is necessary, to prevent such assault, or the repetition of it : Provided, also, that this section shall iiot justify the wilful inflic- tion of any hurt or mischief dispropor- tionate to the insult which the force used was intended to prevent. Indecent Asmuhs on Fenudi's. 2511. Every one is guilty of an indictahle offence and liable to two years' imprison- ment, and to be whipped, who {a) indecently assaults any female ; or (b) does anything to any female by her consent which but for such consent would be an indecent assault, such con- sent being obtained by false and fraudu- lent representations as to the nature and quality of the act. Indecent Assaults on Males. 260. Every one is guilty of an indictable offence and liable to ten years' imprison- ment, and to be whipped, who assau'^s CONST, I IlL A'.S" AL 1 N UA L. :« any person with intent to commit sodomy, or who, being a male, indecently assaults any other male person. Auctioneers— Ont. Muii. Act, 1892, s. 106. The council of any county, city and town separated from the county for muni- cipal purposes, may pass by-laws ^'For licensing, regulating and governing auctioneers and other persons selling or putting up for sale, goods, wares, mer- chandise, or effects by public auction ; and for fixing the sum to be paid for every such license, and the time it shall be in force. Bathing— Ont. Mun. Act, 1892, s. 489, 8-s. 40. Authorizes the councils of every town- ship, city, town or incorporated village to pass a by-law *^ For preventing or regulat- ing the bathing or washing the person in any public water in or near the muni- cipality." J. CM. — 3 84 r<>Xs'7M/;A/';.s' J/JAT/IA. { . Ihnlcr Wfirntnt. \]])im ji warrant for felony or snspic-ion of fol()jiy,oi'ioc()iui)('l siiroiiosortlu^ pc^ace, or for a breach of ilio poaco, the (•onstal)lo to whom a warrant is directed may break opcMi outer doors to ellect an arrest, if the party is in his ow^u house, or Jias taken refuge in the house of anotlier, after noti- fication, demand and refusal, as has been already stated. (L^itton). A constabki may break in to apprehend on a capias founded on indictment for any crime, or in the daytime on a warrant to search for stolen goods, if accompanied with a dire(;- tion to bring a party before a justice, or to enforce the huv where a forcible entry or detainer is found by justices, either on an inquest or their own view, or on a ^varrant of justices for levying a Ime or execution of a judgment on conviction grounded on a statute that gives alljor any part of the penalty to the Queen. (Wilson). f(>.v.s7M/;A/';.v j/.i.vr.iA. 85 \Vithi>\(t Wttrrnnt. Tlio cotistublo's authority to break open doors by virtue of Fiis olliee, as conserva- tor of the ))eae(i ae-tini^' wiiJiout a warrant, is strictly conrnKMl to cases whiMc^ an actual breach of tlie peace is conunitted in his vi(*\v, or \vliei'(; lie sees a felony coinuiitted, or has •grounds to apprelu^nd that a. felon}' is likely to be committed, or it" an affrayer run into a house to escapes arrest, tlie constable in hot pursuit would be justified in elfectin*^- an entrance by force to take him. (Nevertheless, in mere breaches of the peace if he know the parties he had better obtain a warrant instead of taking this course.) Also where a violent affray is going on in a honse in the view or hearing of a constable, which is hkely to resnlt in bloodshed or loss of life (as where there is a violent cry of murder in the house) the necessity of the case will authorize the constable to get into the house in the readiest manner he f , II • ;■ til 36 cf t ss T. I /; A /•;/•' .1/ . I s tr, i A. can, to stop tlic iilTniy and prevent further vi()l(»nc(' or bloodshed. \Vh(ue one is known to have committed a Irlony or ^'iven ji dan«^'(M'oiis wound, and is pin'siu'd by a eonstahUi who is denied admittance into a houses wlierein the offender is sh(dtered, the door may be brok(Mi in onh^r to take him. It would, h()W(;ver, be otherwise, if there was only H mere suspicion of guilt ; a warrant should be obtained. If the house in which an offending party is supposed to have taken refngeis not his own house, the constable should be sure that the felon is there; for, if not there, the constable would in most cases be con- sidered in law a trespasser. (Patton). So, if there be noise or disorderly con- duct or drinking in a house at an unrea- sonable time of the night, and particularly in a tavern, he may break open the house to put a stop to it. coxsT.tnrHS' masi'M.. Tf all ofllciM' Ilmvc entered tlu^ lioiise in a le^^al ni;uuu*r,iin(l llie outer dooi'isfastened upon liini, \w and others in his aid nniy hreak open the door to set liini at hherty. The inaxjjn tliat " Mvery nnin's hous(i is his easth>," only a|)ph(^s to the dwelhn^j:- house. (Wilson). Bridges, Driving on. W. S. (). c IHl, m. 171). Tho council of ev(u*y county, township, city, town and incorporated vilhi«,'o may pass by-laws to f^overn above. Brothel or Common Bawdy House. C. C. 1892, 8S. 195, 198, 574. A conunon bawdy house is a house, room, set of rooms or place of any kind kept for the purposes of prostitution, is a common nuisance. S(>t(trh for W who is engaged in, or to the knowledge of the offender, is about to engage in, any of the rites or duties in this section men- tioned, or who, to the knowledge of the offender, is going to perform the same, or returning from the performance thereof. See disturbing Religious AVorship. Constables. A constable must readily and strictly obey all lawful orders of justices of the peace, coroners, and the officers placed over him by the General Sessions of the Peace. He must be very civil and respectful in his demeanour and conduct to the public, giving the best answers he can to the numerous questions which will be put to him, and showing at all times a readiness to do all in his power to oblige consis- tently with his duty. He is to speak the truth at all times and under all circumstances, and when CONST A liL F.S' MA XUA L. 43 ledge inen- f the tie, or sreof. rictly ►f the ^hiced :)f the ]i\\\ in ublic, o the )ut to liiiess oiisis- times wlieii called upon to give evidence, to state all he knows respecting the case without fear or reservation, and without any desire to influence the result, either for or against the prisoner. To enable him to speak quite confi- dently and to prevent the possibility of his evidence being shaken, he is to jot down at the time in his memorandum book dates and other particulars respect- ing arrests or occurrences, to which he can alwavs refer. When called upon by a person to take another into custody, he must be guided in a great measure by the circumstances of the case and the nature of the charge or offence ; but if he have any doubt as to how he ought to act, the safest course is to ask all the persons concerned to go with him to the nearest justice, who will direct the constable. If a constable is called upcm to act he must do so with energy, promptness and * 44 CONSTABLES MANUAL. I • determination, for, if he wavers or doubts the criminal may escape, or the opportu- nity to render assistance may be lost. (T. P. F. Beg.) Authority. The authority of constables is general and special, the office partaking of the nature of both. The general authority accrues by virtue of their own right as officers ; the special authority accrues by the right of some one else. All con- stables are conservators of the peace by right of their office, and are also the immediate and proper officers of justices of the peace. Constables, by virtue of their inherent powers, may act without warrant in the prevention of crime, and for the arrest of offenders. See Warrant, Arrest Without. As the immediate and proper officers of justices of the peace, constables act under and are bound to obey, the lawful man- dates of the magistrates of their county. COSSTAnUCS' MA SIW L. 45 The office of constable in Canada is coincident witli the introduction into the Province of the commercial law of Eng- land. It is of great antiquity ; but whether constables came in with justices of the peace, or existed at common law in England, is of little moment to us ; but the law-writers who have examined the question say that constables existed as subordinate conservators of the peace long before justices of the peace were made by the 1st Edward III. A.D. 1327. Coroner's Constables. It will be the duty of a constable, should a death occur from violence or unfair means, or through culpable or negligent conduct (of any other person than deceased), to notify the nearest coroner while the body is fresh, and, if possible, while it remains in the same situation as when the party died. He should attend the coroner when he arrives, 40 (vys7\ I /;/. /v.v AL I xu. i l. and if the coroner considers an inquest necessary, the constable, on receivin^^ the warrant to sunnnon the jury, should ininiediately summon and make his return thereon. The constable olliciating at an inquest opens the proceedings by procla- mation, assists the coroner, preserves order, and is to obey all lawful orders of the coroner. The coroner has by law the right to do all acts which are necessary to enable him to hold his inquest on the view of the body ; and as incidental to this right, he could break open doors to •get at the body ; and those who obstruct him in so doing are guilty of a misde- meanour, and a constable who is present is bound to protect him. Proclanidtion Jh'fore CaUintj Juri/. Oyoz ! Oyez ! Oyoz ! You good men of this county summoned to appear here this day, to enquire for our Sovereign Lady the Queen, when, how, and by what means K. F. came to his death, answer to your names as you shall be called, every man at the first coy ST. I /; A A'.s" j/. i y i \ i /.. 47 call, upon the pain anJ poi'il that shall fail thereon. God save the Queen. l'r(>)t for Pcfititlt of Juroi'fi. Oye/i ! Oye/ ! Oyez ! Yuu good men who have been already severally cjilied, and have made default, answer to your names and save your peril. God save tilt Queen. Pi'ocldinution for IVitncssrs. Oyez 1 Oyez ! Oyez ! If any one can give evidence on hehalf of our Sovereign Lady the Queen, when, how, and hy what means U. F. came to his death, let him come forth, and ho shall be heard. God save the Queen. I'rorhninitioii of Adjournment. Oyez ! Oyez ! Oyez 1 All manner of persons who liave anything more to do at the court before the Queen's coroner for this county, may depart home at this time, and give their attendance here again, (or at the adjourned place) on next, being day of instant, at of the clock, in the precisely. God save the Queen. Procltiintttion at Adjourned Meeting, Oyez ! Oyez ! Oyez ! All manner of persons who have anything more to do at this court before the Queen's coroners for this county on this inquest now li id •18 coy ST. I //AA'.s" M.\ .vr. I A. to bo taken and adjourned over to this time and place, draw near and (,'ivo your attendance ; and you gentlemen of the jury, who have been impannelled and sworn upon this inquest touching tlio death of li. F., severally answer to your names and save your recognizances. Pnnhnnatian at t/r; Close of InqiWHt. Oyez ! Oyez ! Oyez ! You good men of this county who have been enipannelled and sworn of the jury to inquire, for our Sovereign Lady the Queen, touch- ing the death of R. F. and who have returned your verdict, may now depart hence and take your ease. God save the Queen. Coin, Counterfeit. C. C. 1892, ss. 4C0-480. In all charges relating to counterfeit coin, offenders are to be arrested on view, and immediately searched m the place where they are taken into custody, and in the presence of the complainant when the circumstances admit of its being done^ or otherwise to take such precaution as will prevent the prisoners making away with false coin or other evidence of guilt. Any persons having in their posses- sion counterfeit notes and attempting to CONST A liLES' MANUA L. 40 lis county tlio jury 311, touch - returnetl take your • 1-480. Luiterfeit on view, he place y, and in ^vhen the done, or )n as will way with uilt. r posses- npting to cheat or defraud by exliibitin^^ such notes are to be; arrested. Concealed Weapons, Carrying. C. C. 1872, s. no. no. Everyone who (tarries about his person any bowie knife, da|»ger, dirk, iiu^tal Ivuuckles, skull cracker, slun«^ shot or otlier oii'ensive weapon of like charac- ter, or secretly carries about his person any instrument loaded at the end, or sells or (^Kposes for sale, publicly or privately, any such weapon, or being nuisked, or disguised, carries or has in his possession any firearm or air-gun, is guilty of an offence and liable, on sunnnary conviction before two justices of the peace, to a penalty not exceeding fifty dollars, and not less than ten dollars, and in defanlt of payment thereof to imprisonment for any term not exceeding thirty days, with or withont hard labour. Limitation one month. J. CM. —4 fW CONH TA liL h'S' AfA NUA L. Corruption of Officers employed in Prosecut- ing, etc., Offenders. C. C. li-i itructiou ng coni- y crime ; to any | bribe as Depositions. (!()nstMl)l(»s nro not expected to sl^^ni depositions before justices nidcss [)rcvi- ously read over to tbc^n, and known to be nn accurate stattMnent of tbeir evidence. Wben (u)nstablcs ww conci^iMUMl in cases sent lor trial, notes of cnidenct^ ^nven l)y tbeni in tbeir dispositions before tbo coni- niittin*^' justices are to be madis }ind kept, in order tbat tbt^y may refresb tbeir memory before b(Mn<^' cjdUMl upon to ^ive evidence at tins trial, and so prevcmt any discrepancy occurring. Distraint of Goods on Premises. ^n cases wbere a distraint is madc^ for non-payment of rent, or for any otber cause, or disputes arise betwec^i persons as to ovviiersbip of property seized under le^al piocess, constables are not to give assistance to either, or interfere between them, on any pretence whatever, nor to enter the house or the premises unless it is necessary to prevent an immediate o2 COX ST A IIL KS' MA X UA L ' I i> t breach of the peace, or to quell a disturb- ance that has actually arisen, and are on such occasions merely to take offenders into custody, as they are authorized by law so to do. (T. P. F. Eeg.). Distress Warrant. C. C. 1892, s. 872 to 87G. The warrant to levy a pecuniary fine or penalty on a summary conviction is given by express authority of particular statutes. A constable is the proper ofiicer to execute it, and if it be delivered to him a reasonable time before the day appointed for the return, he is bound to execute and return it, and he is indic- table for refusal or wilful neglect. (Patton). When a constable finds that there are no goods, or not enough of goods to levy the amount, he will endorse the warrant as follows : Forms DDD, EEE. I, A.B., constable of the county of , hereby certify to CD., Esquire, one of Her Majesty's Justices of the Peace for the said county, that, by cox ST A n L A'.S' MA X r. 1 L. 53 virtue of this warrant, I liavo mado diligent search for the goods and chattels of the within mentioned E.F., and I can find no sufficient goods or chattels of the said E.F., whereon to levy the sums w'Oiin mentioned. Witness my hand this day of , one thousand eight hundred and eighty A.B. OOI. Provides that in all cases where a warrant of distress has issued against any person, and such person pays or tenders to the constable having the execution of the same, the sum or sums in the warrant mentioned, together with the amount of the expenses of the distress up to the time of payment or tender, the constable shall cease to execute the same. Constables are specially cautioned against levying for an amount less than that mentioned in the warrant, and in no case are to take a portion on account of any penalty. 54 COSS TA liL US' MA X UA L. Disturbing Religious Worship, Meetings, &C. C. C. 1892, s. 173. Enacts *Hhat whoever wilfully disturbs, interrupts or disquiets any assemblage of persons met for religious worship or for any moral, social or benevolent purpose, by profane discourse, by rude and indecent behaviour, or by making a noise, either within the place of such meeting or so near it as to disturb the order of solemnity of the meeting, may be arrested on view by any peace officer present at such meet- ing, or by any other person present, thereto verbally authorized by any jus- tice of the peace present thereat, and detained until he can be brought before a justice of the peace, and may be fined not exceeding $50 and costs by such justice, and in default of payment to one month's imprisonment. Dogs. R. S. 0. c. 214. Enacts ^^ that in all cases when parties have been assessed for dogs, and the COiXS TA liLES' MA N UA L. 05 for so collector has failed to collect the taxes authorized by the said Act, he shall report the same under oath to any justice of the peace, and such justice shall by order under his hand and seal, to be served by any duly qualified constable, require such dogs to be destroyed by the owner or owners thereof, and if such owner or owners neglect or refuse to obey the said order, he or they shall be liable to the penalty to be recovered before a justice of the peace, as provided in s. 15 of the Act, and in case any collector neglects co make the aforesaid report within the time required for pay- ing over the taxes to the municipality, he shall be liable to a penalty of $10 and costs, to be recovered also under s. 15. Ont. Mun. Act, 1892, s. 489, authorizes the council of every township, city, town and incorporated village to pass a by-law for restraining and regulating the running II 56 C0.\\S2\ I nms' M. 1 .V L \ 1 L. at large of dogs, and for imposing a tax on the owners, possessors or harbourtu's of dogs. Dog stealing. C. C. 1892, s. 882. Penalty not exceeding $20, over and above value of dog, or one niontli's im- prisonment hard labor. Dog, kills, maims or wounds. C. C. 1H92, s. 501. Penalty not exceeding $100 over injury done, or 3 months with hard labor. Doors of Churches, Theatres, etc. R. S. 0. c. 210, ss. 1, 8, 4. Enacts, 1- That in all churches, thea- tres, halls or other buildings heretofore or hereafter constructed or used for holding public meetings, or for places of public resort or amusement, all the doors shall be so hinged that they may open freely outward, and all gates of outer fences, if not so hinged, shall be kept open by proper fastenings during the time such t'OXS 'l\ I liL />' MA X i ^ f L. 67 buildings are publicly used, to facilitate the egress of people in case of alarm from lire or other cause. 3. Individuals, companies, and corpor- ations owning or possessing public halls, churches, or other buildings used for pub- lic meetings, shall be liable to a line not exceeding $50, on conviction before two justices, and $5 per week for every week succeeding that in which the complaint was laid, if the necessary changes are not made. Half fine to person laying infor- mation. 4. Constables in cities, towns, or incor- porated villages are required to enforce the provisions of this Act, under a penalty not exceeding $50. Act shall not be con- strued to apply to convents and private chapels connected therewith. Drink. Ont. Mun. Act, 1892, s. 489, s-s. 82. The council of every township, city, town, or incorporated village may pass a ^ fW CO.WSTA liL A'.S' M. I XU. I L. by-law ** For preventing the sale or gift of intoxicating drink to a child, appren- tice or servant, without the consent of a parent, master or legal protector." Driving on Roads or Bridges. Ont. Mun. Act, 1892, s. 479. The council of every county, township, city, town, and incorporated village may pass a by-law ** For regulating the driving or riding of horses and other cattle on highways and public bridges, and for prev»jnting racing, immoderate or dan- gerous driving or riding thereon. See also Furious Driving. Drunk or Disorderly. Ont. Mun. Act, 1892, s. 489. The council of every township, city town, 01 incorporated village may pass a by-law **For restraining and punishing vagrants, mendicants and persons found drunk or disorderly in any street, high- way or public place." See also Vagrant. coys TA liL KS M. I .V UAL. 50 a fl Escape and Rescue. C. C. 1892, ss. 159 to 109. I05. Every one is ^'nilty of an indict- able offence and liable to seven j^ears' imprisonment who — {a) llescues any person or assists any person in escaping or attempting to escape, from lawful custody, whether in prison or not, under sentence of death or imprisonment for life, or after conviction of, and before sentence for, or while in such custody upon a charge of any crime punishable with death or imprisonment for life ; or (b) Being a peace officer and having any such person in his lawful custody, or being an officer of any prison in which any such person is lawfully confined, vol- untarily and intentionally permits him to escape therefrom. lOO. Every one is guilty of an indict- able offence and liable to five years' im- prisonment who — ()0 COSSTAIiLES' MAMW L, 1 * 1 -:!! r 1 1 ' »*• I 1 » . ' ¥• l'[ I 1 1 » !! / f •It '* ■ (a) licsciies any person, or assists any pcu'sou in escaping, or attempting to escape, from lawful custody, whether in prison or not, under a sentence of im- prisonment for any term less than life, or after conviction of, and before sentence for, or while in such custody upon a charge of any crime punishable with imprison- ment for a term less than life ; or {h) Being a peace officer having any such person in his lawful custody, or be- ing an officer of any prison in which such person is lawfully confined, voluntarily and intentionally permits him to escape therefrom. Evidence. 'Constables are to give evidence with the strictest accuracy. Questions of the highest interest are decided, and the ad- ministration of justice must in a great measure depend on the trustworthiness of their evidence. ^ i^wflttTm-. coySTA iiL Kfi' M. 1 xr. 1 A. «1 They are habitually to make accurate observation of all matters relating to duty, that they may be able, if required, to state all the circumstances. Notes should be made by them, at the time, of the particulars of a case, to re- fresh the memory, if called on to give evidence. They are not to suppress^ or overstate the slightest circumstance with a view to favour one person, or from ill-will to either side. They are to endeavour as far as possible to feel indifference as to the results of cases, and they perform their duty best by stating accurately and without malice or favour all the particulars they know. When constables are sufferers from injuries received, and are giving evidence against those whom they believe to be guilty, it is especially necessary that they should not allow any feelings or wishes as 62 COSHTAHL KH' MA N VA L f to the decision of the case to iiiHiience them. Greater wei^^ht will alvvayH be ^'iveii to the evidence of constables if they state fully and without passion all they know, and make it evident that they are speak- ing the whole truth. They are to be especially careful to state all they know upon the first occasion, for if they afterwards add to their evidence in any material point, it is naturally looked on with mistrust, and is open to suspicion either as to accuracy or veracity. Any constable who wilfully departs from the truth is utterly unfit for the service, and should be immediately dismissed. Constables are not to enter into con- versations or statements when before a magistrate, upon any matter except such as the charge under investigation makes it their duty to mention. If constables give improper or unsatis- factory evidence, or any remarks are made 11 COXSTAlUJiS' MA SUAL. OS respecting the evidence of constables by judges, magistrates or juries, it will be the high constable's duty to nivestigate the same, and report to the chairman of the general sessions. (Adapted from T. P.F. llcg.) Expenses. In cases where expenses are incurred by constables conveying prisoners, hire of conveyance, railway fares, meals supplied, etc., an accurate account of all such ex- penditure shonld be kept by the constable in his memorandum book, and vouchers showing the full particulars, date, etc., to send to the county board of andit, with the quarterly accounts, if necessary. Exposing: Children, whereby life is en- dangered. C. C. 1892, s. 216. Extortion. C C. 1892, s.. 405-6. Extortion is an abuse of public justice, consisting in the unlawful taking by' an officer, by colonr of his office, of any money CI CiKS'STMllJlS' MAXtWL if 9 or tiling' of value, wliero (Milior none* at Jill is diio to him, or not so iimcli is duo, or l)oforo Jiny is due. Tins oironco, it has hoon justly ohsorvod may ho, in sonio easels, cousidonul more odious than rohhory, hocauso it oarrios with it an appoaraneo of truth, and is often acconipa-uiod with porjury hy tho hroaoh of an oath of ollico. The punishniont for the oiTenee at common law, is hy fino and imprisonment, and also hy a removal from the office, in the execution of which it was committed. But justices of the peace whose ofTice was instituted after the Act, are hound by their oath of oilice to take nothin^^ for the execution of their olFice but of the king, and fees accustomed, and costs limited by^ statute. And generally, no public officer can take any other fees or rewards than those given him by statute, or such as have been anciently and accus- I'iKS'STMU.HS' .l/,(.Vr.lA. (lA t nil the lomiiMy taken, without being ^niilty of extortion. (Djilton, c. 41), U. S. 0. c. 51, 8. 278, us to Div. Court buihlT. K. S. (). c. (K), as to excessive costs distraining for rent. False Pretences. C. C. 1H92, s. 85H. A false pretence is a representation, either by words or otherwise, of a matter of fact either present or past, which re[)resentation is known to the person making it to be false, and which is made with a fraudulent intent to induce the person to whom it is made to act upon such representation. Exaggerated coiinnendation or depre- ciation of the quahty of anything is not a false pretence, unless it is carried to such an extent as to amount to a fraud- ulent misrepresentation of fact. It a question of fact whether such commendation or depreciation does or J. CM.— 5 66 CONS TA lit .V.S' MA NUA L. \ I I' > . tlo(3s not I'linount to a fraudulent niisre- proscutation of fact. Fc^es. Beo Tarift' of Fees. Schedule A. Felony and Misdemeanour. 5»;>. After the conunenceuient of this xVct the distinction hetween felony and ]nisden?eanour shall be abolished, and proceedin^^^s in respect of all indictable oflences (except so far as they are herein varied) shall be conducted in the saujo manner. Ferries. R. S. 0. c. 117, s. 11. Enacts *' That any person unlawfully interfering with the rights of any licensed ferryman by taking, carrying and convey- ing at any such ferry across the river or stream on which the same is situate, any person, cattle, carriage, or wires in any boat, vessel, or other craft for hire, gain reward, profit, or hope thereof, or unlaw- fully does any other act or thing to lessen the tolls and profits of any lessee of the CONSTAHLEH' MANUAL. 67 crown of any such ferry, such offender, upon conviction thereof before a justice of the peace, shall forfeit and pay a sum of money not exceeding $20 and costs, and in default imprisonment in the com- mon gaol for any term not exceeding two months." Certain municipalites are authorized to inake by-laws to govern ferries, which nnist have the Lieutenant-Governor's assent. Fire Arms, Carrying, etc. C. C. 1892, s. 105. Any one who, not being a justice, or a public officer, or soldier, sailor or volun- teer in Her Majesty's service on duty, or constable or other peace officer, and not having a certificate of exemption from the operation of the section, and not having at the time reasonable cause to fear an assault or other injury to his person, family or property, has upon his person a pistol or air-gun, elsewhere than CONSTAIiLES' MANUAL. !■ ^ ir rf ill his own dwellin^^-liousc, shop, ware- house or counting-house, is guilty of an ofience and liable, on summary conviction, to a penalty not exceeding $25, or not less than |)5, or to imprisonment for one month. If sufiicient cause be shown to the satis- faction of any justice, he may grant to an applicant, not under the age of 16 years, and of good character, a certificate of exemption from the operation of this sec- tion for such period, not exceeding twelve months, as he deems lit. The justice shall make a return to the proper officer (the clerk of the peace) within ninety days after the certificate is granted, or be liable, on summary con- viction, to a penalty of not more than ten dollars. I07. Every one who when arrested, either on a warrant issued against him for m offence or while cpminitting an oflfeiice^ u CONSTABLt:^ MANUAL. m ware- of ail iction, 3r not Dr one satis- to an years, ite of s sec- welve ;o the leace) ate is con- n ten 5sted, mfor /Hce, has npon his person a pistol or air-gun is guilty of an offence and liable, on suni- inary conviction before two justices of the peace, to a penalty not exceeding fifty dollars, or to imprisonment for any term not exceeding three months, with or with- out hard labour. I OH. Every one w^ho has upon his per- son a pistol or air-gun with intent to injure another person, is liable, on sum- mary conviction before two justices of the peace, to a fine not exceeding $200 and not less than $50, or to imprisonment not exceeding six months, with or with- out hard labour. lOO. Every one who, without lawful excuse, points to another person any fire- arm, or air-gun, whether loaded or un- loaded, JB guilty of an offence and liable, on summary conviction before two justices of the peace, to a penalty not exceeding $100, and not less than $10, or to im- (0 CONSTABLES^ MANUAL. I .1 l^. f*l prisoninent for any term not exceeding thirty days. With or without hard labor. 112. It is not an offence for any soldier, sailor, public officer, peace officer or volunteer in Her Majesty's service, constable or other policeman, to carry loaded pistols or other usual arms or offensive weapons in the discharge of his duty. H». Every one attending any public meeting or being on his way to attend the same who, upon demand made by any justice of the peace within whose juris- diction such public meeting is appointed to be held, declines or refuses to deliver up, peaceably, and quietly, to such justice of the peace, any offensive weapon with which he is armed or which he has in his possession, is guilty of an indictable offence. The justice of the peace may record the refusal and adjudge the offender to pay a CONSTABLES* MANUAL n edinnr abor. any fficer vice, carry IS or f liis nblic ]the any uris- nted liver itice with I bis able the ly a penalty not exceeding eight dollars, or the offender may be proceeded against by indictment as in other cases of indictable offences. lOO. Every one is guilty of an offence and liable on summary conviction to a penalty not exceeding $50 who sells or gives any pistol or air-gun or any am- munition therefor to a minor under the age of 16 years, unless he shows that he used reasonable diligence to ascertain the age and that he had good reason to believe that such minor was not under the age of 16 years. Penalty not exceeding $25 for selling pistol or air-gun without keeping a record of such sale, the date thereof, and the name of purchaser and of the makor's name, or other mark by which such arm may be identified. 72 CON ST A BLKS' MA NUA L .'I .1 I Fish. R. S. C. c. 96. Tahle of Close ScasoyiH for Finh. KiNns OP Firm 6 « *-> a o Quebec. o > o 'A > a 2 n o 'A • a Salmon, net flsb'g. 1 Aug. to IMay. 1 Aug. to IMay. 15 Aug. to 1 M'ch 15 Aug. to 1 M'ch. 1 Sept. to 31 Dec. Salmon, angling... 1 Sept. to IMay. 16 Aug! to 1 Fob. 16 Aug. to IPeb. 16 Aug. to 1 Feb. •• Rostigoucbo It. Speckled Trout. Foutiuales 15 Aug. to 1 May. 10ct> to :^o Ap'l. lOct. to 1 April. 15 Aug. to 1 May. lOot. to 1 April. lOct. to IDec. 15 Sept. to 1 May lOct. to 1 Jan'y. Large Grey Trout, Lunge, Winnin- ish and Laud- locked Salmon .. 15 Oct. to 1 Dec. « lOct. to 1 April. lOct. to 1 April. Pickerel (Dor6) 15 Ap'l. to 15 May. 15 Ap'l to 15 May. 15 Ap'l. to 15 May. Bass 10 May to TO June 10 May to ;10 June MaskinoDgfi 15 A pi. to 15 June 25 May to 1 July. • • Whitelish 1 Nov. to 30 Nov. 10 Nov. to 1 Dec. 1 Nov. to 1 Feb. Il COysTASies' MANUAL. n s Table of Close Seasons for Fish— (7ot» o a 2 n « 1 April to 1 July. 15 July to 31 Dec 1 June to 15 Sept 1 April to 1 July. 1 July to 31 Dec. 15 July to 31 Dec. 1 June to 15 Sept. 1 M'ch. to lOct. 1 April to 1 July. 1 July to 31 Dec. 15 July to :U Dec. 15 May to 15 July. 1 June to 15 Sept. 3 H 1 April to 1 July. 15 July to 31 Dec. 1 June to 15 Sept. s 15 May to 15 July. * Bag net Ashing prohibited except by license. \ On Atlantic coast from Cape Canso to boundary line U.S. § In remaining waters of Nova Scotia and New Brunswick. Net fishing of any kind is prohibited in pubHc waters, except under leases or Hcenses. n COmTAnlKff MANUAL The size of nets is regulated so as to prevent the kiUing of young fish. Nets cannot be set or seines used so as 4io bar channels or bays. A general weekly close time is provided in addition to special close seasons, viz. : From Saturday at 6 p.m. to Monday fol- lowing at 6 a.m. The use of explosive or poisonous sub- stances for catching or killing fish is illegal. Mill-dams must be provided with effi- cient fish passes. The above enactments and close sea- sons are supplemented in special cases under authority of the Fisheries Act by a total prohibition of fishing for stated periods. Penalty for violation, $20 and costs, and in default of payment, imprisonment for one month and not less than eight days, or by distress. Moiety of penalty ao.fsiTA nt A'.sr ma x rtA L fA to belon*,' to Her Majesty and a prose- cutor, not beinf,' a fishery oflicer ; bnt in case the fishery officer is prosecutor then the whole t« Her Majesty. Foot-marks. In some cases the proof of comparison of foot-marks has failed from the shoe or ])oot being put on the mark, when it is desirable to ascertain whether the foot- marks left at any place correspond with with those of a person suspected. The shoe or boot used to compare should not be laid upon the footmark, but a separate impression is to be made with the shoe or boot, which may be compared with the foot-marks. Care must be taken not to obliterate by walking over or near the foot-marks required for comparison. Forgery. C. C. 1892, ss. 422-455. Forgery is the making of a false document, knowing it to be false, with the intention that it shall in any way be irt COXSTA /? a AN' AfA \ ( M L used or acted upon as genuine, whether within Canada or not, or that some person should be induced, by the belief that it is genuine, to do or v^^^'nin from doing any tiling, whether within Canada or not. Making a false document includes altering a genuine document in any material part, juid making any matt^'ial addition to it or adding to it any false date, attestation, seal or other thing which is material, or by making any material alteration in it, either by erasure, obliteration, removal or otherwise. Forgery is complete as soon as the document is made with such knowledge and intent as aforesaid, though the offender may not have intended that any particular person should use or act upon it as genuine, or be induced, by the belief that it is genuine, to do or refrain from doing anything. fo.v.vr.i/;AA'.s' .\fA.yf'AL. n Vov'ffcry is coniploto althou«,'h i\u) liiUi\ (locJiinont may bo incoiuploto, or may not purport to bo such a (locuiiiont as would bo binding' in law, if it bo so mado as, and is such as to indicate that it was intended, to bo acted on as f^^ennino. Furious Driving. C. C. 1892, s. 268. Every ono is ^niilty of an indictable offonce and liable to two years' imprison- ment who, having the charge of any carriage or vehicle, by wanton or furious driving, or racing or other wilful miscon- duct, or by wilful neglect, does or causes to be done any bodily harm to any person. Gaming House, Common. C. C. 1892, s. 19G. Defined. A common gaming house is — {a) A house, room or place kept by any person for gain, to which persons resort for the purpose of playing at any game of chance ; or IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 Ui|2£ 1121 2.2 2.0 1.8 1.4 II 1.6 V} ^ /} ^P; 7 >^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 I/a ^ 7K COA'S T. I liL A'*S" Af. 1 XT. I L. ;v,A >. t ,* -J (/>) A house, room or place kept or used for playing therein at any game of cliancr or any mixed game of chance and skill, in which (i) J} ] - -k is kept by one or more of the playei'is exclusively of the others ; or (ii) in which any game is played the chances of which are not alike favourable to all the players, including among the players the banker or other person by whom the game is managed, or against whom the game is managed, or against whom the other players stake, play or bet. Common Bettinfi-house Drfined. I!>7. A common betting house is a house, office, room or other place, — (a) Opened, kept or used for the pur- pose of betting between persons resorting thereto and (i) the owner, occupier or keeper there- of; •m- m'mfmmnm i CONST A BLES' MA NUA L. w (ii) any person using the same ; (iii) any person procured or employed by, or acting for or on behalf of any such peison ; (iv) any person having the care or management, or in any jniaraer conduct- ing the business thereof ; or (/>) Opened, kept o>- tised for the pur- pose of any money or valuable thing being received by or on behalf of any such person as aforesaid, as or for the consider- ation. (i) for any assurance or undertaking, express or implied, to pay or give there- after any money or valuable thing on any event or contingency of, or relating to any horse race or other race, %ht, game or sport ; or " (ii) for securing the paying or giving by some other person of any money or valuable thing on any such event or con- tingency. 80 CON ST A liLES' MA NUA L. I . _ .1 Disordcrli/ Hoii.si's. li>H, Every one is guilty of an indict- able offence and liable to one years' imprisonment wbo keeps any disorderly house, that u to say, any common bawdy house, common gaming house or common betting house, as hereinbefore defined. Any one who appears, acts or behaves as master or mistress, or as the person having the care, government or manage- ment, of any disorderly house shall be deemed to be the keeper thereof, and and shall be liable to be prosecuted and punished as such, although in fact he or she is not the real owner or keeper thereof. Planing or lookimi on in Gaming-house. l«». Every one who plays or looks on while any other person is playing in a common gaming house is guilty of an offence and liable, on summary convici3ion before two justices of the peace, to a CONfiTA BLES' MANUA L. 81 penalty not exceeding one hundred dollars and not less than twenty dollars, and in default of payment to two months' im- prisonment. Obstnictinf/ Peace OJirer enterhnj a Gamhuj-iunm'. Every one is guilty of an offence and liable, on summary conviction before two justices of the peace, to a penalty not ex- ceeding oi.e hundred dollars, with costs, and to six months' imprisonment with or without hard labour who (a) wilfully prevents. any constable or other officer duly authorized to enter any disorderly house as mentioned in s. 198 from entering the same or any part there- of; or {})) obstructs or delays any such con stable or officer in so entering ; or [c) by any bolt, chain or other contriv- ance secures any external or internal door of, or means of access to, any common gaming house so authorized to be entered; ^^ J.C.M.-6 CONSTABLES' MA NUA L. ^ * / ,1 / ; I I 4 I « !' i [S) uses any means, or contrivnnee whatsoever for the purpose of preventin^^, obstructing or delaying Ihe entry of any constable or officer, authorized as afore- said, into any such disorderly house or any part thereof. Gambling in Public Conveyances. C. C. 1892. 20:i. Every one is guilty of an indict- able offence and liable to one year's imprisonment who (a) in any railway car or steamboat, used as a public conveyance for passen- gers, by means of any game of cards, dice or other instrument of gambling, or by any device of like character, obtains from any other person any money, chattel, valuable security or propert}^ ; or {li) attempts to com n jit such offence by actnally engaging any person in any such game with intent to obtain money or other valuable thing from him. 2. Every conductor, master or superior officer in charge of, and every clerk or CON ST A BL KH' MA N UA L. employee when authorized hy the con- ductor or superior officer in char• posted up in some conspicuous part of such railway car or sfcoamboat. 5. livery company or person wlio makes d(*faulfc in the discharge of such duty is liable to a penalty not excec^ding one hundred dollars and not less than twenty dollars. Game and Fur-bearing Animals. Out. Stat. 1893, c. 49. (None of the AiiiniiilH or UirdH lu'rciniiftcr jiiciitioiu'd kIuiII lie huntt'd, laUon or killuil wilhiii thu liuiilud periods.) Animal ou Bird. Closk rmiioD. Deor, Elk, Mose, Keindoor or Cari- bou IJeavor, Sable, Mar- ten, Otter PKNAi/ry. lietwoeii the ITith flay Fine from 820 to $50 of Novoiuberaudthul with costs, ami in 2()th October of the detault of payment following; year; biitj imprisonment not no Klk, Moose, Itein-j exceeding H months, (leer or Caribou shall; l)e hunted, taken or{ killed until the 1.5th' day of November, 189.3. 1st April and Ist No- Fine from $5 to $23 veniber: but liO \ with eo.jts. and in Muskrat , veniber; but liO lieaver or Otter shall be hunted, taken or killed, or had in pos- session before the 1st of November, 1897. 1st May and 1st Nov'r. with co.jts, and in default of payment imprisonment nut exceeding 3 months. i< ( V>.V.S7'. I /; A /t;.S* M , LV rj L 85 (Jjiiiu' and Fur-lwiiriii^' Animals, (^outiniicd. Animal on Hihd. (LOHK rKIHOl). I'KNALTY. 15 Pec, ami 15 Sopt. Ktniirrols - black and >,'j'oy ; HarcH Gr()ii«o, IMicHsaiits, I'rairid Fowl or rartri(lf,'o, Wood- rr»(k, Snipo. Hail I'lovoror any otiinr f^.iiiu!, bird or ani- mal 1511) Doc. and 1") Sopt, l)Ut no J'rairio Fowl or l''nj.;liHh or Mon- golian I'lioar.ants be I ftir(5 tho 15th Sept., i 1H'J7. I Quail, Wild Turkcyn. 1 15th Doc. and 15 Oct.; but no Wild Turkeys Kb all be linn tod, tiikim or killed at anv time before 15th October, 18'J7. Swana, Guoso ... ...iHt May and loth Sept Ducks of all kinds.... 1st Doc. and 1st Sopt. Fine fi'om :?,"i to >ip25 1 with costH, and in default of payment impriHoiunent not cxceeditifc' ;} montlis. •• Any dog found running deer between the 15th day of November and the 20th day of October following, may be killed on sight by any person, and the person kill- ing such dog shall not be liable to any penalty or damage therefor. No one person shall, during any one year or season kill or take more, in all. Hr» CitNS TA li L KS' M A N UA L. ') 1 r' than two Deer, Jilk, Moohc, Keindeer or (.arihoii. Hiintin^' or killing' deer by what is known as ** crusting," or while they are ** yarding," is unlawful. No fawn shall be at any time hunted, killed, taken, or possessed ; possession of a fawn after having been killed shall be presumptive evidence of violation of the law. Vlme Season for Fitr-hcarhifj Animals. Beaver and fur-bearing animals. All traps, snares, gins, or other contrivances set for them during said close season may be destroyed by any person without such person thereby incurring any liability therefor. Close Season for Game li'wds. No person shall catch, kill, or take more than 400 ducks during any one season. No person shall kill or shoot at any bird or wild fowl between sunset and sunrise. roSSTMtLES' MANUA /.. 87 No p{»rs()ii hIuiH, by himself, his clerk, servant or a^'ent, expose or keep for sale, or (lir(H:tly or in(lire(rtly,upon any pretence or (levi(u% s(01 or barter, or in considera- tion of the piuehase of any other property, <4'ive to any other person any Snipe, Qnail, Wihl Tnrkey, Woodcock or Partrid<,^e, no luatter where killed or procured, for a period of two years (/.e., 14th April, 1801). No eggs ot* any of the birds above men- tioned shall be taken, destroyed, or hkd in possession by any person at any time. None of the above birds shall be taken or trapped by means of traps, nets, snares, gins, lines or other similar contrivances. Nor shall water fowl be killed from sail boats or steam yachts, nor by batteries, swivel guns or sunken punts. It is not lawful for any person to kill or take any animal protected by this Act by the use of poison or poisonous substances, nor to expose poison, poisoned bait, or W H8 rf>.V.V7M///,A;.v J/.l.vr.lA. Ill :5' 1 ■ ■' • / any othor poisonous subsianoos in jmy phict; or locality when* do^^^s or c.attk' may hav(^ access to tlu^ same. No person shall have in his poss(»ssion any of the said animals, or birds, no fiKtf- ter ivJiere procured^ or any part or i)orti()n of any of the said ani»nals or birds during' the pcM'iods in which they are so protected, provided that they may be exposed for sale for fire (htf/s and no longer after such periods, but may be had in possession for the private use of the owner and his family at any time. No person shall at any time enter into any growing or standing grain not his own with sporting implements about his person, nor permit his dog or dogs to enter into such growing or standing grain without permission of the occupant thereof. No person shall at any time hunt or shoot upon any enclosed land of another after being notified not to shoot or hunt thereon. Any owner or occupant may i (iNSTAIthKS' MA NUM. if ivo sucli notice by in}iint}iini!i«; two Hl«^ni hoards, at least one foot sijuare, contaiii- in1 to f>20 with costs, and if not paid forthwith, then to be levied by distress and sale of goods, and in default of distress to be imprisoned in the common gaol for a period not less than one day nor more than twenty. Fine to be paid to treasurer of muni- cipality in which such offence was com- mitted. Highways, &c., Shade Trees Planting on. R. S. 0. c. 201, a. 1. Defines the word highway in this Act to mean and include any public highway, street, road, lane, alley, or other com- munication, as well as any public place or square. Sec. 3 vests the property of trees on highways in the owners of adjacent land, and permits the owners of adjacent land to plant trees on highways, provided same may not become a nuisance, and J.C.M. — 7 98 CONST A liLKS' MA NUA L. n . ' B. 8 declares, that any person who ties or fastens any animals to any tree, shrub or sapling so growing or planted upon any highway, or who iiijures or destroys or suffers or permits any animal in his charge to injure or destroy, or who re- moves any such shrub, tree or sapling, or receives the same, knowing it to be so removed, shall, upon conviction thereof before a justice of the peace, forfeit and pay a sum not exceeding $25 and costs, and in default of payment the same may be levied by distress, or such offender may be sent to gaol for a period not exceeding thirty days. Half fine to person laying information, other half to municipality. The council of every municipality may pass by-laws to regulate the planting of trees upon the public highways, etc. Horsestealers, Reward for Apprehending. Ont. Mun. Act, 1892, s. 494. By s. 494, it is enacted that county councils -shall provide by by-law for the CONST A liLES' MANUA L 00 who ties •06, shrub ted upon destroys lal iu his r who re- r saphng, t to be so 11 thereof )rfeit and ind costs, a me may mder may 3xceeding 3n laying ipahty. ility may anting of etc. ehending. b county ' for the payment of a sum not less than twenty dollars to any person or persons, who shall apprehend, or cause to be appre- hended, any person or persons guilty of stealing any horse or mare. Housebreaking. C. C. 1892, s. 111. Every one is guilty of the indictable offence called housebreaking, and liable to fourteen years' imprisonment who — Breaks and enters any dwelling-house by day and commits any indictable offence therein ; or Breaks out of any dwelling-house by day after having committed any indictable offence therein. Housebreaking Instruments, in Possession of. C. C. 1892, s. 416. Every one is guilty of an indictable offence, and liable to seven years' impris- onment who is found — Armed with any dangerous or offensive weapon or instrument by day, with intent * J i ■ * i / ■ 'i, f'Si 100 i'i>\sr.xiiij:s' MASiwL. to hrc'ik or (Miter iiii.o any (Ivvclliii^^-liousc;, Mild to coiiiinit jiny iiidictjihlc^ ot'lVncc^ tluu'cMii ; or Ariiird {is jifon^said by ni^lit, with intent to ])realv into any huildin^^ and to commit any indictable olfcnco thcsixMn. Every one in K^^ilty of an indictable offence and liabh^ to five years' imprison- ment who is fonnd — liavinf,^ in liis possession by ni^jjht, with- out hiwful excuse (the proof of which sliall lie upon liini), any instrument of housebreaking- ; or Having in his posejssion by day any such instrument with intent to commit any indictable offence ; or Having his face masked or blackened, or being otherwise disguised, by night, without lawful excuse (the proof whereof shall lie on him) ; or H iving his i)ice masked or blackened, or being otherwise disguised, by day '4, ('OXSTA/UJIS' MAXfWL un with iiiioiiL to c'opjinit any iii(licijil)l(5 ('fence. Dcj'i nve of PivvUimi hitusr. 51. Every one who is in peaceahle pos- session of a (IwoUin^^'-honse, and eveiy one lawfully assisting him or acting by his authority, is justified in nsing sueli force as is necessary to prevent the forcible} breakinn" and entorini' fence of ])tri'lli)ii/-hous)> at Nif/lit. 52. Every one who is in peaceable pos- session of a dwelling-honse, and ever}' one lawfully assisting him or acting by his authority, is justiiietl in using such force as is necessary to prevent the forcible breaking and entering of such dwelling- house by niglit by any person, if he believes, on reasonable and probable grounds, that such breaking and entering 102 ( oxsT. I /;/. /;.s" A/A .vr. i a. m .' ! \H aiteniptod with tlu) intent to coiiniiit any indictable oiT(»nc(» therein. Incest. 0. C. 1892, a. 170. Kvery parent and child, every hrotlier and sister, and every f^^and parent and ^'rand child, who cohabit or have sexual intercom'se with each otlier, shall each of them, if aware of their consan^niinity, bo deemed to have committed incest, and be guilty of an indictable offence and liable to fom'teen years' imprisonment, and the male person shall also be liable to be whipped : Provided that, if tlie conrt or jud^e is of opinion that the female accnsed is a party to such intercourse only by reason of the restraint, fear or duress of the other party, the court or judge shall not be bound to impose any punishment on such person under this section. Indecent Acts. 11 9* . Every one is guilty of an offence and liable, on summary conviction before rr~ T r7>.N>T.I///./;.s' J/.IA7MA. 103 two jiisticuB of the poaco, to a fino of lifty (lolliirs or to six inontliH' iinprisonnicnt with or without hard hii)our, or to both fine and iiiiprisoiimout, who wilfully, (a) in tho presonro of ono or more por- RoriB docs any iinh^cuMit act in any [)la(^e to which tiio public have or are permitted to have access ; or {!)) does an indecent act in any place intending tliereby to insult or offend any person. Indecency, Acts of Gross. i7H. Every male person is guilty of an indictable offence and lia])le to five year's imprisonment and to be whipped who, in public or private, commits, or is a party to the commission, or procures, or at- tempts to procure, the connnission by any male person of any act of gross indecency with another male person. Insane Persons. Constables are to arrest and charge be- fore the nearest justice any person who is 104 COXSTA BLES' MA NUA L. ■U. \ evidently insane, found wandering, and not under proper control. If called to take into custody an insane person, under the control of friends, they are not to do so, but are to refer the per- sons applying to the nearest justice for a warrant. If, however, the insane person becomes violent and likely to injure hiuiself or his friends, a constable may assist in restrain- ing him until the justice is communicated with. By E. S. 0. c. 245, s. 12, and follow- ing sections, any person suspected and believed to be insane and dangerous to be at large, and who has exhibited a purpo-e of committing some crime, for which, if committed, such person would be liable to be indicted, may be arrested, under a warrant, issued upon sworn information laid, and proceeded against, with a view to his committal to an asylum in the manner indicated in the Act. And s. 24 CONSTABLES' MANUAL. 105 1 orders that every constable and peace officer, on proper directions from a judge, justice or justices, shall compel the wit- nesses to attend any inquiry under this Act. Larceny, now Theft. C. C. 1892, ss. 303 to 357. Larceny has been defined to mean the felonious taking the property of another without his consent and against his will, with intent to convert it to the use of the taker. See Theft. Liquor Licenses. See Taverns and Shop Licenses. Lord's Day Observance Act. R. S. 0. c. 203. Prohibits ordinary trading, or work on Sunday, the holding of political meetings, games, and amusements, excursions by steamboats or railway, hunting and shoot- ing, fishing, .bathing, in any exposed place within any incorporated city or town, or within view of any place of pub- lic worship, or private residence, and 100 CON ST A TILES' AfA XUA L. ■Si ■ VI' !S5 s» 1 ' »' renders all sales and agreements made on Sunday void, conveying travellers on Her Majesty's mail by land or water, selling drugs and medicines^ and other works of necessity, and works of charity only ex- cepted; and wolves or other ravenous beast or bird of prey may be shot in defence of property. tt- Any person convicted before a justice of the peace, upon the oath of one witness, or upon view by the said justice, shall, for every such offence, be liable to a fine not exceeding $40, nor less than $1, to- gether with costs and charges attending the proceedings and conviction. One moiety to the person charging the offence in writing before the justice, the other moiety to the county or city wherever the offence was committed. A special form of conviction is laid* down in the schedule to the Act, p. 2257. 1*5. The prosecution for any offence punishable under this Act, shall be com- CON^TA IlLES' ^fA XUA L. 107 Le on Her llling monced within one month after the com- mission of the offence, and not afterwards. IS. This Act shall not extend to the people called Indians. Machines, etc., to be protected. R. S. 0. c. 211. See Threshing Machines, etc. Malicious injury to property. See Mischief. By the Criminal Code this term is now changed to that of mis- chief. C. C. 1892, s. 481. Manslaughter. C. C. 1892, ss. 230 and 230. Culpable homicide not amounting to murder is manslaughter. Master and Servant. R. S. O. c. 139. By s. 9 and following sections, justices of the peace may decide disputes between master and servant, and issue distress warrants to recover any sum adjudged to be paid, but imprisonment in default of payment can no longer be inflicted. !l 108 c'o.v.sT. 1 nr. ks' ma x ua l. \ u;- 1 p' k- r By s. 12 justices of the peace may like- wise hear complaints by servants against the employer for misusaf>e, non-payment of wages, etc., and may determine sanje. Meetings. See Disturbing Public Meetings, etc. Memorandum Book. Every constable shall keep a memor- andum book, in which he will WTite on the first page his name and the date he joins. He will also enter particulars of duties respecting arrest, occurrences, etc., all of which will be made at the time. This book may be demanded of the con- stable at any time in court. It will also assist liim to make out his fees for the quarterly accounts, etc. (From T. P. F. Eeg.) Mileage. R. S.O. c.84,p. 843; C.C. 1892, s. 871. Mileage, at ten cents per mile, going to arrest, covers hire of convej^ance, and the account must shew the names of i, i riMWh*'i>k''M*i>f*^lk**'*''*'*" CON ST A B Lies' MANUA L. 100 JiJvo- ^'aiiisfc mior- e on te he rs of etc., time, con- also the 871. ino- of places from and to the phice at which service was made. Goiiif»- to make the the service and returning is covered by the charge of ten cents per mile. When ser'.'ice cannot be effected, upon proof of due diligence, the constable is entitled to ten cents per mile. Mills and Mil^ Dams. R. S. 0. c. 118. &s. 4 and 7. Every owner or occupier of any mill dam at which an apron or slide is required to be constructed, who neglects or refuses to make and construct and keep in repair the said apron, shall pay a penalty of $2 per da}^ for every da}^ of such neglect, and such penalty shall be recoverable before any two justices of the peace for the county in which such offence is com- mitted ; and if not paid shall be levied by distress. Special enactments are made with regard to the County of Huron and the rivers Moira and Otanabee. (See also 0. S. 44 V. c. 11.) 110 COXST. I /iAA'.S" AfAXl'AL. Is' . li! I , |1(< 1 I i l\ Morality, offences against. C. C. 181)2, ss. 171- 190. Morals, Public. Out. jMun. Act, 181)2, s. 180. Authorizes township, city, town and incorponitod village councils to pass by- laws for the above, viz.: Foic preventing the sale or gift of intox- icating drink to a child, apprentice or ser- vant, without the consent of a parent, master, or legal protector. For preventing the posting of indecent placards, writings or pictures, or the writ- ing of indecent words, or the making of indecent pictures and drawings on walls or fences, in streets or public places. For preventing vice, drunkenness, pro- fane swearing, obscene, blasphemous, or grossly insulting language, and other immorality and indecency. For suppressing disorderly houses and houses of ill-fame. For preventing or regulating and licen- sing exhibitions, held or kept for hire or lrfMIMl«. CONST A liLES' MA NVA L, lit J. I7i- and by- profit, bowling alloys, and otlior places of amusement. For suppressing gambling houses, and for seizing and destroying faro banks, rouge et noir, roulette tables, and other devices for gambling found therein. For preventing horse racing. ■% For restraining and punishing vagrants, mendicants, and persons found drunk and disorderly, in any street, highway or pub- lic place. For preventing indecent public exposure of the person and other indecent ex- hibitions. For preventing or regulating bathing or washing the person in any public water in or near the municipality. Murder. C. C. 1892, s. 227. Culpable homicide is murder in each of the following cases : If the offender means to cause the death of the person killed ; 112 COS STABLES' MAXTAL. 'M '-»• i'^ llil! If tli(} olfciider moans to caiiso to tho person killcul any bodily injiuy wliicli is known to tho ofi'ondor to bo likoly to canso death, and is reckless whether death ensues or not. If the offender means to cause death or, being so reckless as aforesaid, means to cause sucli bodily injury as aforesaid to one person, and b}^ accident or mistake kills another person, though he does not mean to hurt the person killed ; If the offender, for any unlawful object, does an act which he know^s or ought to have known to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one. Further : Culpable homicide is also murder in each of the following cases, whether the offender means or not death to ensue, or knows or not that death is likely to ensue : CONSTABLES' MANUAL. 113 to tho icli is ^^y to death ^li or, ns to id to stake s not bject, >iight eath, hhe ouJd also ses, )atli I is If he means to inflict grievous bodily injury for the purpose of facilitating the commission of any of the offences in this section mentioned, or the flight of tho offender upon the commission or attempted connuission thereof, and death ensues from such injury ; or If l]e administers any stupefying or overpowering thing for either of the pur- poses aforesaid, and death ensues from the effects thereof ; or If he by any means wilfully stops the breath of any person for either of the pur- poses aforesaid, and death ensues from such stopping of the breath. The following are the offences in this section referred to : treason and other offences .mentioned in Part IV of this Act, piracy and offences deemed to be piracy, escape or rescue from prison or lawful custody, resisting lawful apprehen- sion, murder, rape, forcible abduction, robbery, burglary, arson. J.C.M.— 8 114 COySTAIiLES' MANUAL. 1 •) til |W ;j *'l ■ I »i:i! t When a niurJer has been coiuiiiittecl, the high constable is to be telegraphed to at once, and iirrnediate steps taken, and all possible enquiries made, to appre- hend the perpetrator, and obtain all particulars for the information for the coroner of justice. Neglecting: to provide for Wife, Child, Ser- vant, etc. C. C. 1892, ss. 20i) to 211. Nuisances. 1892, s. 191. See Brothel, Gaming-house, Betting- house, Disorderly house. Oath, Nature of. The following extracts, from a pamphlet by the Hon. and Rev. S. G. Osborne, are reprinted, for the information and guid- ance of constables, and their serious at- tention is called to them : — ** It appears somewhat extraordinary that teaching the nature of an oath forms no part of our general system of education ; but a little experience in our Courts of Justice will convince any careful observer that, whilst it is acknow- ■TTn roXSTA niEfP MAMW I. 115 oiijiiiitted, legrai)hed )ps taken, to ai)pre- )btain all 1 for the :hild, Ser- 211. Bettin<2f- pamphlet borne, are and guid- erious at- inary that no part of >ut a little 11 convince :8 acknow- ledged to bo highly important that men should understand what they really do when they luo sworn to their evidence, there is nothing more common than to find the grossest ignorance on the subject. " It ia your duty, when called on by a magis- trate, or any one in authority over you, to give evidence for or against a fellow-creature, whether it be to clear the innocent or to convict the guilty. ** A person about to be sworn, if a Protefitaut or Roman Catholic, takes the Bible or Testa- ment in his right hand, and attentively listens to the terms of the oath he is about to take ; he then shews his willingness to fulfil them by pressing the book to his lips. " Jews are sworn on the Hebrew Bible, accord- ing to the formula of their faith. ** The person addressed is called on to swear that, * in the matter in question, I will speak the truth, the whole truth, and nothing but the truth. So help me, God.' "By saying *so help me, God,* I solemnly declare that, as I stand before God and rely on him in all things, I will endeavour to speak that only which is true. no en y ST A ni es' ma nua l. Si ■ I It Hi " I press tlie book to my lips, or kiss it, to show my love for it, and my desire tlmt every word that passes my lips may bo true, as that book is true. " By speaking the whole truth, it means that I am to keep nothing back <>f that which I am called to prove; I am to state all I saw, heard, or did, in the matter upon which I am examined, without any concealment, and without any regard to the effect my so speaking may have on any person concerned in it. *' By speaking nothing but the truth, it means that I am not to add anything to that which I state to be a fact, because I may have reason to think it true when I do not actually know it to be so. I am equally bound to speak the truth at all times, whether I am sworn or not. ** Men are required to swear to the evidence they give in a Court of Justice, because it is thought right to remind them thus solemnly that they are about to speak in the presence of God ; that they may be more cautious, lest their feelings lead them to say that which is untrue, or to keep back any part of the truth. ** Because justice seems to require, in matters in which the lives, characters, or property '* i»M roysTMir.Ksr maxta a. 117 of our follow-creaturcs may dopond upon tho truth of tho evidence given, that every allow- able means should be made to remind the wit- ness that, though ho may deceive an earthly magistrate or judge, he will one day have to answer to the Great Judge of Heaven and Earth as to tho truth of what he has deliberately called on Him to witness. ** A person who wilfully says upon oath that which is untrue commits peijury and is liable to severe punishment on indictment. Obscene Words, Books, etc C. C. 1892, ss. 171), 180. Ont. Mun. Act. 1892, s. 489. Authorizes township, city, town and village councils to pass a by-law for pre- venting tho posting of indecent placards, writings or pictures, or the writing of indecent words, or the making of indecent pictures or drawings, on walls or fences, in streets or public places. Obtaining Money or Goods by False Pre- tences. See False Pretences. 118 COXSTA liLES' MANUA L. Si ■ "' I I 'I I 11 Open Air Preaching Is not an offence, unless the public thorou'^Hifares are obstructed at the time, or some specific nuisance to the public or persons residing at the spot is thereby occasioned. If so, persons committing such offences are to be civilly requested to move away. (T. P. F. Keg.) Passenger Steamers, for Keeping Order on Board. K. S. C. s. 1115. If any person, being drunk or disorderly has been on that account refused admis- sion into a steamer by the owner or any person in his employment, and, neverthe- less, persists in attempting to enter the steamer. If any person, being drunk or disorderly on board a steamer, is requested by the owner or any person in his employ- ment to leave the same at any place in Canada, being a reasonably convenient place to leave the same , and does not comply with such request ; if any person CONSTABLES* MANUAL. 110 on board a steamer, after warning by the master or other officer of the steamer, molests, or continues to molest, any pas- senger ; if any person, after having been refused admission into a steamer by the owner or any person in his employment, on account of the steamer being full, and having had the amount of his fare, if he has paid it, returned or tendered to iiim, nevertheless persists in attempting to enter the steamer ; if any person on board a steamer, without reasonable excuse (proof whereof shall lie on him), fails, when requested b}^ the master or other officer thereof, eitber to pay his fare, or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by, and paying their fare on, steamers, shall be liable to a fine for every such offence not exceeding f>l(). Any per- son injuring or obstructing a steamer, or impeding or molesting the crew, or any 120 CONSTABLES' MANUAL. Si '■ .••( of them, in the execution of their duty, shall, for every such offence, incur a pen- alty, not exceeding $100. The master or officer in command of any steamer may refuse to receive on board any person who is drunk or dis- orderly, or who causes, or is in a condition to cause, annoyance or injury to passen- gers on board ; or if any such person be on board, the master or officer may put him on shore at any convenient place. The master or other officer may detain an offender whose name and address are unknown to him, and convey such offender before some justice or justices of the peace. The penalty goes to tht Crown ; if it does not exceed $10, may oe tried by one justice, and if it exceeds that amount by two justices. Pawnbrokers. R. S. 0. c. 155. In case any pawnbroker neglects to take out or renqw his license, he shall CON ST A BLES' MA N UA L. 121 forfeit $50 with costs for every pledge he takes without such license. In case any pawnbroker neglects to have a sign placed over the door of his shop or other place in which he carries on his business, with his name and the word *' pawnbroker," in large, legible characters thereon, shall forfeit $40 for every shop or place made use of for one week without having th same so put up ; to be recovered before a justice of the peace, and, in default, distress ; and if there is not sufficient dis- tress the offender shall be committed to the county or other gaol for a term from fourteen days to three months. Peace Officer, defined. C. C. 1892, s. 3. The expression *' peace officer" includes a mayor, warden, reeve, sheriff, deputy sheriff, sheriff's officer and justice of the peace, and also the warden, keeper or guard of a penitentiary and the gaoler or keeper of any prison, and any police officer, police constable, bailiff, constable 122 CON ST A BLES' MA N UA L. •V 'St ' or other person employed for the preser- vation and maintenance of the public peace, or for the service and execution of civil process. Netjlect tit aid in arrestiu;/ offendevH. 142, Every one is guilty of an indictable offence and liable to six months' imprisonment who, having reasonable notice that he is required to assist any peace officer, in the execution of his duty in arresting any person, or in preserviug the peace, without reasonable excuse omits so to do. Peace, Sureties for keeping: the. C. C. 1892, ss. 859, 9G0 ; 38, 39. Every one who witnesses a breach of the peace is justified in interfering to prevent its continuance or renewal and may detain any person committing or about to join in or renew such breach of the peace, in order to give him into the custody of a peace officer : Provided that the person CON ST A DL KS' MA X CA L. 123 e preser- e public cation of era. of an c months' jasonable ssist any his duty ►reserving e excuse C. C. 1892, Lch of the prevent ay detain t to join peace, in tody of a e person interfering uses no more force than is rea- sonably necessary for preventing the continuance or renewal of such breach of the peace, or than is reasonably pro- ])ortioned to the danger to be apprehended from the continuance or renewal of such breach of the peace. Every peace ofiicer who witnesses a breach of the peace, and every person lawfully assisting him, is justified in arresting any one whom he finds commit- ting such breach of the peace, or whom he, on reasonable aiid probable grounds, believes to be about to join in or renew such breach of the peace. Every peace ofiicer is justified in receiving into custody any person given into his charge as having been a party to a breach of the peace by one who has, or whom such peace officer, upon reasonable and probable grounds, believes to have, witnessed such breach of the peace. 124 COXSTA ItL/CS' J/ J X(7A L. -Si ■ ( ■ ' ill \i Mr. Hawkins observes, that it seemeth ^Jear that wherever a person has just cause < fear that another will burn his house or do him a corporal hurt, as by killing 0^' b(*"^ing him, or that he will procure others to do him such mischief, he may demand the surety of the peace against such person; and that every justice of the peace is bound to grant it upon the party's giving him satisfaction, upon oath, that he is actually under such fear, and that he has just cause to be so, by reason of the other's having threatened to beat him, or laid in wait for that purpose, and that he doth not require it out of malice or for vexation. (1 Haw. c. GO, s. G.) Pedlars. Ont. Mun. Act, 1892, s. 495. Authorizes county, city and town coun- cils, separated from the county for muni- cipal purposes, to pass a by-law for licensing hawkers and pedlars. Pedlars are to produce their licenses on being required to do so by any constable, •*i» coy STABLES' MANUAL, 135 Persons who are peddling or disposing of goods manufactured in the county, are not subject to the above. Petty Sessions or Justices' Courts. Constables are to observe the utmost attention and respect towards justices of the peace at all times. They are not to enter into conversations with, or make statements when before a justice, except as evidence, or respecting a case under investigation. They are to be punctual in their attendance at the hour for trans- acting business, decently dressed, clean and neat in appearance. If a prisoner, prosecutor or material witness, through drunkenness or any other cause, is unfit to appear in court, a report to that effect is to be made to the presiding justice before the individual appears in court. Strict order and decorum is to be observed at the court, and the passage 126 COXSTA BLES* MA .V UA L. . t t I •'■• ' •■' i I Hiii '1 ; ! 1 K and the street approaches are to be kept clear and free from obstructions. (T. P. F. Eeg.) Petty Trespasses. R. S. 0. c. 101. Any person who unlawfully enters into, comes upon, or passes through, or in any way trespasses upon, any land or pre- mises whatsoever, being wholly enclosed, and being the property of any other per- son, shall be liable to a penalty not less than one dollar, nor more than ten dollars, for any such offence, irrespective of any damage having or not having been occas- sioned thereby ; and such penalty may be recovered, with costs, in every case of conviction before any one justice of the peace, who shall decide the matter in a summary way, and award costs in case of conviction, which may be had either on view or on confession of the party com- plained against, or on the oath of one cre- dible witness ; but nothing herein con- CONSTADL/aS* MANUAL. 127 tained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of. Placards. See Obscene Words, etc. Pounds. R. S. O. c. 215. I. Ordains, '* that this Act may be superceded by bj^-laws, under s. 490 of the Municipal Act, 1892, which author- izes the council of every township, city, town and incorporated village to pass them. 24. Every fine and penalty imposed by this Act may be recovered and enforced with costs, by summary con- viction, before any justice of the peace for the county, or of the municipality in which the offence was committed; and, in default of payment the offender may be committed to the common gaol, house of correction or lock-up house of such county or municipality, there to be imprisoned II 128 coy STABLES' MAX UAL. I . •<■' I for any time, in the discretion of the convicting,' and committing justice, not exceedingly fourteen days, unless such line and penalty and costs, inchiding the costs of the commital, are sooner paid. 25. AppHes the penalty as follows : One moiety to the city, town, village or township, in which the offence was committed, and the other moity thereof with full costs, to the person who in- formed and prosecuted for the same, or to such other person as to the justice seems proper. Pound Breach. Is the forcible breaking the pound, in which cattle have been put after being lawfully distrained for the purpose of rescuing them. Pound breach is con- sidered a greater offence at common law than even a rescue of the goods dis- trained, and is no doubt an injury and insult to public justice. It seems to be CONHTA niKS' M A NUA L. 12'J equally indictable as such at coininon law, for which a form is laid down in Chitty. (Keele.) Preservation of the Peace near Public Works. C. C. 1892. Vossr.ssini/ Wctfixtfifi Near. 11*7. Every one employed upon or about any public work, within any place in which the Act res^^ecUng the Preservation of Peace in the vicinity of Public Works is then in* force, is liable, on summary conviction, to a penalty not exceeding four dollars and not less than two dollars for every such weapon found in his posFes- sion who, upon or after the day i.amed in the proclamation by which such Act is brought into force, keeps or has in his possession, or under his care ot* control, within any such place, any weapon. Every one is liable, on summary con- viction, to a penalty not exceeding one hundred dollars and not less than forty J.C.M.— 9 180 CONS TA liLES' MA NUA L. :•»' I ' dollars who, for the purpose of dolVaiiii^^ the said Act, receives or conceals, or aids in receiving or concealing, or procures to be received or concealed within any [)lji('e in which the said Act is at the tiiue in force, any weapon belonging ^ or in custody of any person eniployeu on or about any public work. H(th\ etc.f of LiiiUors nrar Puhlir Worhs. 11^- Upon and after the day named in any proclamation putting in fterce in any place An Act respecting the Prcsenuition of Peace in the vicinity of Public TKor/.-.s, and during such period as such proclama- tion remains in force, no person shall, at any place within the limits specified in such proclamation, sell, barter, or directly or indirectly, for any matter, thing, proiit or reward, exchange, supply or dispose of any intoxicating liquor, nor expose, keep or have in possession any intoxicating liquor intended to be dealt with in any fiucb way COS ST. I II L ES' MA X UA L. m The provisions of this article do not extend to any pcu'son selling' intoxirjitin^ licjiior by whoh^salo and not retailing' tho same, if such person is a licensed distiller or brewer. Every one is lial)l«i, on summary con- viction, for a first offence to a penalty of forty dollars and costs, and in default of payment, to imprisonment for a term not exceeding three months, with or without hard labour, — and on every snhsequent conviction to the said penalty and the said imprisonment in default of payment, and also to further imprisonment for a term not exceeding six months, with or with- out hard labour, who, by himself, his clerk, servant, agent or other person, violates any of the foregoing provisions. Every clerk, servant, agent or other person who, being in the employment of, or on the premises of, another person, violates or assists m violating any of such provisions for the person in whose employ- 132 CONSTABLES' MANUAL. ( >' •;J " ;i ment or on whose premises he is, is equally guilty with the principal offender and liable to the same punishment. Prisoners. In apprehending a person, and making him or her a prisoner, no more violence is to be used than is absolutely necessary for the safe custody of the prisoner. In conveying persons arrested, crowded thor- oughfares are to be avoided as much as possible, where obstruction or annoyance is less likely to be caused. The usual plan is to seize the arm and keep hold to prevent the possibility of escape. When a prisoner is once in custody, he is not to be released, except by direction of a justice of the peace according to law. If the constable is likely to be over- powered, he may draw his baton and use it, taking care to avoid striking any one on the head ; the arms and legs should . : CONSTABLES' MANUAL. 133 be aimed at, to disable a prisoner, as parts of the frame least likely to suffer serious injmy. But these extreme measures are only to be resorted to when all other attempts have failed- Prisoners who are very violent, or who are charged with very serious offences, are, if necessary, to be handcuffed, to prevent danger, or the possibility of escape. Prisoners are to . be made as little uncomfortable as possible, safe keeping and not punishment being the object during the time they are in custody of constables. No conversation is to be held in the hearing of prisoners, nor is improper language or taunting remarks to be used towards them. Prisoners, if not in an unfit state from drunkenness or other cause, are to be at once taken before the nearest justice, if 134 CONSTABLES' MANUAL. Si 1.. 'C L.-M within reasonable hours, if not at the earliest subsequent opportunity. Necessary refreshments for prisoners may be purchased out of money taken from them, providing the charge against them does not relate to the money. Beer or spirits are not to be given to prisoners getting refreshments, but only tea or coffee, except in very special cases. Constables are to make a memor- andum of these expenses, for reference, if required. A solicitor, authorized to act for him, is allowed to communicate with a prisoner in custody. Facility, as far as practicable, is to be given, that the communication may not be overheard by any one ; but care is to be taken that the prisoner shall not escape, and if necessary for that pur- pose, the constable may keep prisoner in sight during the interview. Any promise or inducement held out to a prisoner, by which he makes a state- II CONSTA.n'^.ES' MANUAL. 135 the mont to a constable or other person in authority, or to a person directly injured by the crime, renders the statement inadmissible as evidence against him. Any confession or statement, however, made by the accused to the constable or other person, without such promise or inducement, or to any person not in authority, under such promise or threat, is admissible as evidence against him. Any fact discovered in consequence of information obtained by a promise, threat, or inducement, may be given as evidence. A statement made by a prisoner, charged with any serious offence, is to be as near as possible accurately written down by the constable, and communicated to the justice who hears the case. Prisoners insensible through drink are to be occasionally visited by the constable, and spoken to and aroused each time. Prisoners charged with indictable offences are to be searched with a view 136 COXSTA liLKS' MA A UA L. M •(»»' >,■<.'' % :;ii. I v; i ' %i to discovering evidence bearing upon the charge. Persons suspected of making, uttering, or having in their possession, counterfeit coin, should be searched immediately when taken into custody ; persons reason- ably suspected of having or conveying in any manner, any thing stolen or unlaw- fully obtained, may be searched. Prisoners insensible from illness, drunkenness, or any other cause, are to be searched, solely for safe custody of their property and its return to them. Prisoners who are drunk and riotous, or known or suspected to be dangerous, are to be searched for the purpose of depriving them of arms or weapons, by which they might make their escape, or inflict injury on themselves or those about them. When prisoners are searched, it is to be done so effectually that all instruments or articles of property which they ought -WK r .. .?x-> r ,,^.a,.gtTi'.^t^aga^ iww-'<^m>??*y^»«w -/rjd..* CON ST A liL ES' MA N UA L. 137 rfeit itely son- not to retain may be taken from them, and the constable will take an inventory in his note-book of the articles found, and the circumstances of the case. Prize Fighting. C. C. 1892. s. 92. 02« Defines as follows : — ^^ Prize Fight '' means an encounter, or fight with their fists or hands, between two persons who have met for such purpose by previous arrangement made by or for them. 03. The punishment for challenging to, or preparing for, a prize fight, or acting as trainer or seconder, is a fine of not less than $100, nor more than $1,000, or to imprisonment of not more than six months, with or without hard labour, or to both fine and imprisonment, in the discretion of the court. ^4. The punishment for engaging as a principal in a prize fight, on summary conviction, is from three to twelve months. I .SI' '/M ■I •i:" 138 COXSTABLES' MAXUAL. 1>5. Whoever is present at a prize tight, as an aid, second, surgeon, umpire, backer, assistant, or reporter, or advises, encour- ages or promotes such fight, is guilty of an oifence against this Act ; and, on summary conviction thereof, is liable to a fine of not less than $50, nor more than $500, or to imprisonment of not more than twelve months, with or without hard labour, or to both. Ott. Orders that the punishment for any inhabitant or resident of Canada, leaving Canada to engage in prize fight, without the limits, is a fine of $50, nor more than $400, or to imprisonment of not more than six months, or to both fine and imprisonment, in the discretion of the court. R. S. C. c. 153, s. 6. Directs that it shall be the duty of any constable, among others, when he has any reason to believe that any person within his ju isdiction is about to engage as prin- CONST A liLES' MA NUA L. 180 ight, ckor, our- ty of on to a bhati Jiiore hard t for lada, ight, , nor it of ifine fthe any any bhin rin- cipal in any prize li«^'lit within Canada, ho shall forthwith arrest such person, and conduct him heforo some person having authority to try offences against this Act, who, if satisfied that the person so hrought before him was at the time of his arrest about to engage as a principal in a prize light, he shall require the accused to enter into a recognizance, with sufficient sure- ties, in a sum not less than $1,000, nor more than $4,000, conditioned that the accused will not engage in any such fight within one year after the date of such arrest, or to remain in gaol until he give such lecognizance. Proclaimed District. R. S. C. p. 1849. Prostitutes. See Vagrants. Public Health. R. S. O. c. 205. The penalty under the 99th section on owner at the time of exposing for sale, or in whose possession, or on whose premises diseased, unsound or unwholesome arti- 140 CO XSTA II L A'.S" MA N UA L. 1 i»: 1 V I 1 ■1 ^ ^.^' .''1i '.»♦ H , 1 1 II : ' ♦ '•! clos of food are found, shall be liable to a line not exceeding $100 for every animal, carcase or fish, or piece of meat, flesh or lish, or any poultry or game, or for the parcel of fruit, vegetables, grain, bread or ilour, or for milk so condemned, or at the discretion of the justices, without fine, for a term not exceeding three months. Ohstnu'thvj or Impcdimj. Penalties for hindering any health officer or sanitary inspector from entering premises and inspecting, fine not exceed- ing $25. Penalty for non-compliance with the order of local board of health requiring place to be cleansed and disinfected, 25c. to $2 per day during default. Railways, Mischief on. C. C. 1892, s. 489. Every one is guilty of an indictable offence and liable to five years' imprison- ment who, in manner likely to cause dan- CONSTABLES MANUAL. 141 to a ger to valuable property, without en- dangering life or person. (a) places any obstruction upon any railway, or takes up, removes or displaces breaks or injures, any rail, sleeper or other matter or thing belonging to any railway; or (6) shoots or throws anything at an engine or other railway vehicle ; or (c) interferes without authority with the points or signals or other appliances upon any railway ; or {d) makes any false signal on or near any railway ; or {e) wilfully omits to do any act which it is his duty to do ; or (/) does any other unlawful act. Every one who does any of the acts above mentioned with intent to cause such danger is liable to imprisonment for life. 11, it 142 CONSTABLKfi' MANUAL. ,S4 in; :^, Rape. C. C. 1802, h. 2G0. Eape is the act of a man having carnal knowledge of a woman who is not his wife without her consent or with consent which has been extorted by threats or fear of bodily harm, or obtained by personatin<,^ the woman's husband, or by false and fraudulent representations as to the nature and quality of the act. No one under the age of fourteen years can commit this offence. Every one who commits rape is guilty of an indictable offence and liable to suffer death, or to imprisonment for life ; and for an attempt at rape is liable to seven years. Reasonable and Probable Cause. As to what constitutes a reasonable cause in such cases, depends very much on the particular facts and circumstances in each instance. The general rule being that the grounds must be such that any iii COXfiTA DL KS' MA X UA L 143 rnal wifo liieli r of ,tin pursue Form I) to be and the ! CONST A liL ES' MA X UA L. 149 person to be taken. If the outer door of the house to be searched be shut, and upon demand not opened, the constable may break it open, and so may inner doors, boxes, etc., after the keys have been demanded and refused. The constable should not take away any goods but those specified in the war- rant, unless they are indispensable in substantiating the charge of stealing the goods specified. The constable should take with him materials for striking a light, if necessary, and he should take sufilicient time to make a thorough search. The owner of the goods should, in all cases, accompany the constable to point out the goods, in order to prevent mis- takes. The constable, in accordance with the warrant, should have necessary and proper assistance to watch outside, to prevent the goods being taken away or the accused person escaping. 150 CONSTABLE!? MANUAL. ,S4 '•.. When the goods, or any portion of them, are found, the constable is to bring them and the person before the justice, according to the directions of the warrant subject to his order. If the accused be committed for trial, the constable should make an inventory of the goods in his memorandum book, and mark the exhibits so as to be identified by him. If a horse is the subject of the larceny, the best plan would be to hand him over for safe keep- ing to the owner, on his entering into a recognizance to prosecute, and giving a guarantee that the horse shall be fortli- connnor. 17 Suicide, attempt to commit. C. C. 1892, ss. 288, 237. 23». Every one who attempts to com- njit suicide is guilty of an indictable offence and liable to two years' imprison- ment. 237. Every one is guilty of an indict- able offence and liable to imprisonment COXSTA BLICS' MA XVA L. 151 for life who counsels or procures any per- son to commit suicide, actually com- mitted in consequence of such counselling or procurement, or who aids or abets any person in the commission of suicide. Persons who attempt to commit suicide are to be arrested and charged before the nearest justice. If at the time of the arrest any serious injury has been inflicted, medical aid is to be obtained immediately. (From T. P. F. Eeg.) Summons and Subpcenas, Service of. C. C. 1892, ss. 5G2, 581. Every summons issued by a justice under this Act shall be directed to the accused, and shall require him to appear at a time and place to be therein men- tioned. Such summons may be in the form E given in the first schedule hereto, or to the like effect. No summons shall be signed in blank. Every such summons shall be served by a peace officer upon the person to 152 CONSTABLES' MANUAL. ,S4 I I ' ' ■ t Ml >■ ,) whom it is directed, either by delivering it to him personally or, if such person cannot conveniently be met with, by leav- ing it for him at his last or most usual place of abode with some inmate thereof apparently not under sixteen years of age. The person by whom the summons is served as aforesaid shall attend at the time and place specilied therein for the appearance of- the accused in order, if necessary, to prove the service. The constable is expected to' make an entry in his memorandum book of all the circumstances, and make no delay in serving the person named in the summons or subpoena, in order that he may be able to make oath or affirmation as to the service, either personally or otherwise, when served, and the hour and date of service as follows (Oke) : — County of ) 5 The deposition of J. N., con- stable of the county of , taken upon oath I CONSTABLES* MANUAL. 163 mous IS before me, the undersigned, one of Her Majesty's Justices of the Peace for said county, this day of , A.D., 189 , who saith that he served A. B., mentioned in the annexed (within) summons (or Bubpa3na), witli a duplicate thereof, on the day of last, personally (or by leaving the same for the said at his usual place of abode, with N. 0., an inmate thereof apparently not under sixteen years of age. Before me, J.S. J.N. Sunday. See Lord's Day Observance AcK Suspected Persons. Constables are expected to know all suspected persons in their neighbourhood, but are not to make charges or imputa- tions against the character of any one, unless they have sufficient knowledge of the persons concerned to justify them in so doing. Suspension from Office. R. S. 0. c. 82, s. 9. Enacts that the judge of the county court may suspend from office any con- stable for any period, in the discretion of III! 154 COiXSlTA lUJCS' AfA A7M L. I the judge, but not beyond one week after the time appointed for the next sittings of the general sessions of the peace ; such suspension shall be by notice in writing ; and, in case the judge considers the sus- pended officer deserving of dismissal, such judge shall, immediately after suspending him, report the case fully to the clerk of the peace for submission to the justices at the next general sessions of the peace ; and the justices may dismiss such officer, or direct him to be restored to his office after the period of his suspension has expired, or after such further period of suspension, as they may order. Swearing, etc. C C. 1892, s. 207. Profane swearing and cursing is an offence punishable by fine, or imprison- ment, or both, before two justices. Ont. Mun. Act, 1892, s. 489, authorizes the councils of townships, cities, towns, and incorporated villages, to pass a by-law to prevent profane swearing. ^ CONSTAIU.KSC MANUAL. W^ ok after sittiiififs ; such ritinf,^ ; he sus- il, such )ending e clerk iistices peace ; officer, s office on has Tiod of IS an prisbn- lorizes towns, 3y-law Constahles makinfj; use of ohscene^ bhisphenious, insulting language, or swearing, are to be reported to the high constable. Constables must govern theju- selves so as not to commit offences, the suppression of which is imposed upon them by law. (From T. P. F. lieg.) Tavern and Shop Licenses. R. S. 0. c. 194. 1 20. Enacts that every policeman, or constable, or inspector of licenses, shall be deemed to be within the provisions of this Act ; and when any information is given to any such policeman, constable, or inspector that there is cause to suspect that some person is violating any of the provisions of this Act, it shall be his duty to make diligent enquiry into the truth of such information, and enter complaint of such violation before the proper court, without communicating the name of the person giving such information. 1 30. Orders that any officer, policeman or constable, or inspector of licenses, 150 CONSTAliLEtf MANUAL. '•1 may, for the purposes of preventing or detecting the viohition of any of the pro- visions of this Act, which it is his duty to enforce, at any time, enter into any and every part of any inn, tavern or other house, or place of pubhc entertainment, shop, warehouse or other place wherein refreshments or liquors are sold, or reputed to be sold, whether under license or not, and may make searches in every part thereof, and of premises connected therewith, as he may think necessary for the purposes aforesaid. 2. Every person being therein, or hav- ing charge thereof (inn, tavern, etc.), who refuses or fails to admit snch officer, policeman or constable, or inspector, demanding to enter, in pursuance of this section, in the execution of his duty, or who obstructs or attempts to obstruct, the entry of such officer, etc., on any such searches aforesaid, shall be liable to the penalty laid down by s. 70 of this Act, rOXSTA IlLKS' MAXrA L. 157 ing or 10 2)m- nty to ly and other i.ient, herein (1, or icense every lected \xy for r hav- I, who fficer, ector, f this ty, or :rnct, such ) the Act, vi/., $50 to $100 and costs or three months' Ijard hihour. i:i4. States that it is the duty of (jon- stahles to prosecute oll'enders under this Act, and, in case of wilful neglect or default of so doing, incur a penalty of $10 for each and every such neglect and default. Tax on Dogs. H. S. 0. c. 214. 1. Enacts that there shall he levied annually upon the owner of each dog a tax of $1, and $2 for each bitch. O. In all cases when parties have been assessed for dogs, and the collector has failed to collect the taxes authorized by the said Act, he shall report the same under oath to any justice of the peace, and such justice shall, by order under his hand and seal, to be served by any duly qualified constable, require such dogs to be destroyed by the owner or owners thereof ; and if such owner or owners \ ^ i ir.8 C()\,sr, I //A A'.S" J/. I A7M A. lil =1:' ' iu»^'lect or refuses to obey tlio said ordtT, ho or tlioy hIiuII bo liablo to the penalty to bo rooovored before a justice of the piMice, as providcid in s. !(> of tlie Act ; and ill case any collector neglects to make the aforesaid report within the time re(j aired for payin^^ over the taxes to the jnimicipality, he shall be liable to a penalty of $10 and costs, to bo recovered also under s. 15. 2. In case the council of any county, or union of counties, deems it advisable to dispense with the levy of said tax, it shall be lawful for such council to declarci by by-law, that the said tax shall not be levied in any of the municipalities within its jurisdiction. Telegram, Arresting on. The following is laid down for con- stable's guidance : — 1. That, on the receipt of a telegram professing to be from some known repons- L ( 'iiSSTA liLHS' MA SUAL. l.VJ oiuiJty U tlin Act ; Jiiuku tiitio to tliu nwiMy 1 also miity, isablo ;ax, it lot bo ►^itliiu con- y^raiii )011S- i])l(», r(^spoctal)le ihtsoii, wliotlier coii- cci'iichI ill tlio acliiiiiiistratioii of justico or not, but iiioro particularly if lie be, tlic constable may proceed to iMak(5 tluj arrest. 'J. Oil receipt of a tele^a'aiii from some uiikuowu party the constable should not arrest without advising' with the hi^di constable or the nearest justice of the peace, as how he should act. If he or they advise au arrest, the constable may then make it. 8. If he have no time to advise, ho Jiiust proceed most warily. 4. In no case, however, should a tele- gram be acted upon if it be possible to test its genuineness by writing back or by tele- gram to the person professing to have sent it. 5. In no case should a telegram or letter from the United States, or from any country beyond this province, be acted upon for an offence committed beyond the \m CON ST A IlLES' MA NUA L. •■»♦' I"' ■^'y province, because the party complained of is not a criuiinal against our laws until proper information has been laid, and a warrant issued here for his apprehension ; and then he may be proceeded against, either under the Ashburton treaty, or under the provisions of any of our own statutes, which are herein referred to. (Wilson.) Temper. A perfect command of temper is abso- lutely indispensable in the proper dis- charge of the duty of constable. Harsh language on the part of con- stables to the public and persons in cus- tody is not to be permitted. Constables, if rudely treated them- selves, are not justified in retaliating. All duties must be performed with firmness, but at the same time with moderation. Words, in themselves not objectionable, frequently give offence from the tone of voice in which they are uttered. CONST A BL Kf? MA NUA t. 101 >lained s until and a nsion ; 3^ainst, ty, or ir own ed to. abso- r dis- con- n cus- them- . All mess, ation. lable, me of A constable must not allow himself to be moved or excited by any language or threats, however insolent. The cooler he keeps himself, the more power he will have over his assailant. Idle or silly remarks are unworthy of notice, and if the persons making them see that they have no effect upon the con- stable, they will soon leave off. Forbearance and moderation will always be appreciated by the public and county authorities. (From T. P. F. Eeg.) Theft, defined. C. C. 1892, s. 305. Theft or stealing is the act of fraudu- lently and without colour of right taking, or fraudulently and without colour of right converting to the use of any person, anything capable of being stolen, with intent. To deprive the owner, or any person having any special property or interest J.C.M. — 11 162 CONSTABLES' MANUAL. St 'ik* ill therein, pernianeiitly of such thing or d such property or interest ; or To pledge the same or deposit it as secur- ity ; or To part with it under a condition as to its return which the person parting witl it may be unable to perform ; or To deal with it in such a manner that it cannot be restored in the condition which it was at the time of such taking and con- version. The taking or conversion mav be fraudu- Kf ft/ lent, although elFected without secrecy or attenipt at concealment. It is immaterial whether the thing con- verted was taken for the purpose of con- version, or whether it was, at the time of the conversion, in the lawful possession of the person converting. Theft is committed when the offe^^der moves the thing or causes it to move or to be moved, or begins to cause it to become moveable, with intent to steal it. m • or f f secur- 1 as to y witl that it which d con- raiidu- ecy or g con- f con- Line of ^ion of fe^^der i^ or to ecome CONST A BL ICS' MA N Va L. 1(J3 Thieves. Constables are to take a note of all known thieves and suspected persons in their neighbourhoods, and the number, dates and particulars of previous convic- tions of such thieves. Thistles, Canada. See Weeds, Noxious. Threshing Machines, etc., to be protected. R. S. 0. c. 211. All persons owning or running any threshing machine, wood-sawing or other machine, which is connected to a horse- power b}^ means of a tumbling rod or line of shafting, shall cause the knuckles, coup- lings, joints, jacks, to be covered, to pre- vent injury to persons passing over or near such tumbling rod, etc., etc. Any person neglecting or refusing to comply with the provisions of this Act shall, on conviction before one or more justices of the peace, be liable to a fine of not less than $1, nor more than $20 and 164 CONSTABLES' MANUAL. costs, and, in default, imprisonment for a period of not less than two nor more than twenty days. Complainant is entitled to half iine. Timber, appropriating, found adrift. C. C. 1892, s. 83b. Si».H. Every one is guilty of an indictable offence and liable to seven years' imprison- ment who (rt) fraudulently without the consent of the owner thereof, (i) takes, holds, keeps in his possession, collects, conceals, receives, appropriates, purchases, sells or causes or procures or assists to be taken possession of, collected, concealed, received, appropriated, pur- chased or sold, any timber, mast, spar, saw-log or other description of lumber which is found adrift in, or cast ashore on the bank or beach of, any river, stream or lake ; (ii) wholly or partially defaces or adds, or causes or procures to be defaced or CON ST A RL /i'.S' MA SUA L. le '. c added, any mark or number on any such timber, nuist, spar, saw-log or other description of hnnber, or makes or causes or procures to be made any false or coun- terfeit mark on any such timber, mast? spar, saw-log or other description of lum- ber; or (6) refuses to deliver up to the proper owner thereof, or to the pc^rson in charge thereof, on behalf of such owner, or authorized by such owner to receive the same, any such timber, mast, spar, saw- log or other description of lumber. Treason, High. C. C. 1892, s. 65. Treason is The act of killing Her Majesty, or doing her an}^ bodily harm tending to death or destruction, maim or wounding, and the act of imprisoning or restraining her ; or The forming or manifesting by an overt act an intention to kill Her Majesty, or to do her any bodily harm tending to 166 COXSTA BLKf^ MA NTA L. . " death or destruction, maim or wounding, or to imprison or to restrain her ; or The act of kilHng the eldest son and heir apparent of Her Majesty, or the the Queen consort of any King of the United Kingdom of Great Britain and Ireland ; or The forming and manifesting, by an overt act, an intention to kill the eldest son and heir apparent of Her Majesty, or the Queen consort of any King of the United Kingdom of Great Britain and Ireland ; or Conspiring with any person to kill Her Majesty, or to do her any bodily harm tending to death or destruction, maim or wounding, or conspiring with any person to imprison or restrain her ; or Levying war against Her Majesty either — (i) With intent to depose Her Majesty from the style, honour and royal name of rOXSTA BLKS' yfA XUA /,. 167 ling, and the the and the Imperial Crown of the United King- dom of Great Britain and Irehind or of any other of Her Majesty's dominions or countries ; (ii) In order, by force or constraint, to compel Her Majesty to change her mea- sures or counsels, or in order to intimidate or overawe both Houses or either House of Parliament of the United Kingdom or of Canada ; or Conspiring to levy war against Her Majesty with any such intent or for any such purpose as aforesaid ; or Instigating any foreigner with force to invade the said United Kingdom or Canada or any other of the dominions of Her Majesty ; or A'^sisting any public enemy at war with Her Majesty in such war by any means whatsoever; or Violating, whether with her consent or not, a Queen consort, or the wife of the 1G8 coy ST A liL i:s' ma sua l. 'ik* \.' ijiH lii ' II eldest Boii and heir appiirent, for the time being, of the King or Queen regent. Every one who commits treason is guilty of an indictable oifonce and liable to suffer death as in other cases. Trespass. R. S. 0. c. 215. 1- That this Act may be superseded by any by-laws enacted by a municipality under Oiit. Mun. Act, 1892, s. 490. 2. The owner or occupant of any land shall be responsible for any damage or damages caused by any animal or animals under his charge and keeping, as though such animal or animals were his own property, and the owner of any animal not permitted to run at large by the by- laws of the municipality shall be liable for any damage done by such animal, al- though the fence enclosing the premises was not of the height required by such by-laws. 3. If not previously replevied, the poundkeeper shall impound any horse, iUtNSTA JiLKS' MA N UA L , m) tinio bull, ox, cow, sheep, goat, pig or other cattle, geese or other poultry, distrained for unlawfully running at large, or for trespassing, and doing damage, delivered to him for that purpose by any person within his division who has distrained the same ; or, if the owner of any geese or other poultry refuses or neglects to pre- vent the same from trespassing on his neighbour's premises after a notice in writing has been served upon him of their trespass, then the owner of such poultry may be brought before any justice of the peace, and lined such sum as the justice directs. Vagrants. C. C. 1892, ss. 207-8. LUe and Disordcrli/ Persons. Every one is a loose, idle or disorderly person or vagrant who, (a) not having any visible means of maintaining himself lives without em- ployment ; 170 COXSTA R/.KS' MA AVM L. 1 II 'it: I'M {h) being able to work and iliereby or by other means to maintain himself and family wilfully refuses or neglects to do so; (c) openly exposes or exhibits in any street, road, public place or highway, any indecent exhibition, or openly or inde- cently exposes his person ; (d) without a certificate signed, within six months, by a priest, clergyman or minister of the Gospel, or two justices of the peace, residing in the municipality where the alms are being asked, that he or she is a deserving object of charity, wanders about and begs, or goes about from door to door, or places himself or herself in any street, highway, passage or public place to beg or receive alms ; (e) loiters on any street or highway, and obstructs passengers by standing across the footpaths, or by using insulting language, or in any other way ; m CnXSTA III. A'.sr MA .V UA L. in by or \ and io do any any inde- ithin n or ^tices )ality it he irity, ^bout If or IQ or way, ding Iting (/) caiisos a dibtuibaine in any street or highway by screaming. HwcMiring or singing, or by being drunk, or by im- peding or incommoding peaceable pas- sengers ; {(j) by discharging firearms, or by riot- ous or disorderly conduct in any street or liighway, wantonly or nniliciously disturbs the peace and quiet of the inmates of any dwelling house near such street or high- way; (]i) tears down or defaces signs, breaks windows, or doors or door plates, or the waJlo of houses, roads or gardens, destroys fences ; (i) being a common prostitute or night walker, wanders in the fields, public streets or highways, lanes or places of public meeting or gathering of people^ and does not give a satisfactory account of herself; (y) is a keeper or inmate of a disor- derly house, bawdy house or house of % IMAGE EVALUATION TEST TARGET (MT-3) i ^ A {./ ^\ -i.-.r<^ ^9,^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ M.^ ^^. W h. 172 CONST A BL ES' MA NUA L. I'M ill-fame, or house for the resort of prosti- tutes ; (/t) is in the habit of frequenting such houses and does not give a satisfactory a<" ' uit of himself or herself; or {I) having no peaceable profession or calling to maintain himself by, tor the most part supports himself by gaming or crime, or by the avails of prostitution. Every loose, idle or disorderly person or vagrant is liable, on summary convic- tion before two justices of the peace, to a tine not exceeding fifty dollars or to im- prisonment, with or without hard labour, for any term not exceeding six months, or to both. Violence, Threats and Molestation. C. C. 1892, s. 623. Every one is guilty of an indictable offence and liable, on indictment or on summary conviction before two justices of the peace, to a fine not exceeding one m CONSTABLES' MANUAL. 173 prosti- ^^ such factory ion or tor the ning or ion. person convic- 36, to a to im- labour, iths, or C. C. ictable or on istiees ig one hundred dollars or to three months' imprisonment who, wrongfully and with- out lawful authority, with a view to com- pel any other person to abstain from doing anything which lie has a lawful right to do, or to do anything from which he has a lawful right to abstain, {a) uses violence to such other person, or his wife or children, or injures his property ; or {h) intimidates such other person, or his wife or children, by threats of using violence to him, her or any of them, or of injuring his property ; or (c) persistently follows such other per- son about from place to place ; or (d) hides any tools, clothes or other property owned or used by such other person, or deprives him or hinders him in the use thereof ; or {e) with one or more other persons, follows such other person, ir^ a disorderly m CONSTABLE.^ MANUAL. U' :} I 1,1 '•! ;i;H '1 manner, in or through any street or road ; or (/) besets or watches the house or other place where such other person resides or ^^Mrks, or carries on business or happens to be. Attending at or near or approaching to such house or other place as aforesaid, in order merely to obtain or communicate information, is not deemed a watching or besetting within the meaning of this sec- tion. 524. Intimidation of any person to prevent him from working at any trade. 5SI3. Intimidation of any person to prevent him dealing in wheat, etc. Un- lawfully preventing seamen from working. S26. Intimidation of any person to prevent him bidding for public lands. Warrants, Arresting on. When a warrant is placed in a con- stable's hands for execution, he should ,% ■ CONSTABLES* MANUAL. \V ►rroad; use or person ness or ling to laid, in micato ling or lis sec- son to rade. ion to Un- )rking. on to s. con- hoiild satisfy himself that it is under the hand and seal of the justices issuing same, that it is properly directed, viz.: *^ To all or any of the constables or other peace officers in the county of, etc., etc." (C. C. s. 563, form F.) It shall state shortly the matter of the information or com- plaint on which it is founded. It shall name or otherwise describe the person against whom it has been issued. It shall order the constable to appre- hend the defendant, a d to bring him before the justice issuing the warrant, or some other justice, to answer the said charge. It need not be made returnable at any particular time, but may remain in force until it is executed. If the warrant is found deficient in any particular it should be taken to the justice who issued it to have its defects rectified. The constable should make an entry in i':' 170 CO.W^TA RL KS' uMA^l/A L, X ,i"! his memorandum book of the time of its receipt, and the necessary particulars. The warrant should be executed with secrecy and despatch, and after execution the constable should enr^orse it with the date of its execution. The constable should also ascertain from the warrant the nature of the offence, whether he knows the party named in the warrant, if not he should find out from the complainant the description, personal appearance, manner, dress, or any pecu- liarity bj^ which he may be recognized, and it would be advisable for the con- stable, if possible, to take the complainant or some person who could point out the accused. An arrest may be made in the night as well as the day, but not on Sunday, unless the offence charged includes a breach of the peace or felony. The accused should be brought without delay before the proper magistrate, and CONST A RLES' MA NUA L. 177 of its irs. d with jciition :th the • 3ertain ffence, in the t from jrsonal pecu- jnized, 3 con- ainant ut the ght as unless ach of ithout ), and .it is the duty of the magistrate to make such arrangements with the officer who is entrusted with the execution of the war- rant, that the case be brought on to a hearing as speedily as possible after the arrest. To detain an accused person for an unreasonable tiinc'* would be very improper, illegal and unjust. If the accused person escape, go into or reside in another county, it will be neces- sary for the constable to have the warrant endorsed by a justice having jurisdiction where the accused is. The constable, therefore, will wait upon a justice having such jurisdiction, who will endorse the warrant on the constable making oath as to the signature of the justice who issued the warrant (s. ^^S)^ or, in case of fresh pursuit, at any place in the next adjoining territorial division, and within seven miles of the border of the first division, without having the warrant backed. Under s, J.O.M.— 12 i 17H coy ST A IlLES' MA XTA L. ■ik* . •! • ■• i • I 564, any justice may grant and issuo a warrant to apprehend any one charged for an indictable offence, or a search warrant on a Sunday as well as on any other day. Dnhj of Persons Arrcytint/. C, C. IHO'i^ s. 32. It is the duty of every one executing any process or warrant to have it with him, and to produce it if required. It is the duty of every one arresting another, whether with or without warrant, to give notice, where practicable, of the process or warrant under which he acts, or of the cause of the arrest. A failure to fulfil either of the two duties last mentioned shall not of itself deprive the person executing the process or warrant, or his assistants; or the person arresting, of protection from criminal responsibility, but shall be relevant to the inquiry whether the process or warrant might not have been executed, or the arrest effected, by reasonable means in a less violent manner. isiio a ed for iirrant r day. 82. 3Utillg with esting arrant, df the acts, two itself rocess person ininal to the arrant >r the s in a CONSTABLES' MANUAL. 179 Arrestiny the Wro}i(/ l*er.sssary b, un- d by man- eding i any person for any offence for which the offender may be arrested without warrant is justified, if the person to be arrested takes to flight to avoid arrest, in using such force as may be necessary to prevent his escape by flight, unless such escape can be prevented by reasonable means in a less violent manner : Provided, that such force is neither intended nor likely to cause death or grievous bodily harm. 35. Every one proceeding lawfully to arrest any person for any cause other than such offence as in the last section men- tioned is justified, if the person to be arrested takes to flight to avoid arrest, in using such force as may be necessary to prevent his escape by flight, unless such escape can be prevented by reasonable means in a less violent manner : Provided such force is neither intended nor likely to cause death or grievous bodily harm. 36. Every one who has lawfully ar- rested any person for any offence for II II If 182 CONSTABLES' MANUAL, ii^> ;-:§fli I ' II which the offender may be arrested with- out warrant' is protected from criminal responsibility in using such force in order to prevent the rescue or escape of the person arrested, as he believes on reason- able grounds, to be necessary for that purpose. •t7. Every one who has lawfully arrested any person for any cause other than an offence for which the offender may be arrested without warrant is protected from criminal responsibility in using such force in order to prevent his escape or rescue as he believes, on reasonable grounds, to be necessary for that purpose : Provided that such force is neither intended nor likely to cause death or grievous bodily harm. 44. Every one is justified in nsing such force as may be reasonably necessary in order to prevent the commission of any offence for which, if committed, the of- fender might be arrested without warrant, and the commission of which would be coxsr. I nr. a'.v ^r. i .v r. i l 183 likely to causo inniUHliato and Hcrioiis injury to the person oi jiroperty of any one ; or in order to prevent any act boin^' done which h(», on .jasonnl)!e f^ronnds, o(diev(»s would, il' conunlted, amount to any of su(;h ollences. Without Warrant. A constable may arrest for any indict- able oflence committed in his presence, and he is bound at all risks to use his best endeavours to do so. Nothing short of innninent danger to his life will excuse him for allowing the offender to escape. He may also arrest on his own suspi- cion that an indictable offence has been committed, and that tlie party that he arrests is or was concerned in it. When he arrests upon his own suspi- cion, it mnst not be upon any loose, vague suspicion, either of an offence hav- ing been committed, or of its having been committed by the person arrested, but he 184 CONST A BLES* MA N UA L. !•;■ '.'M :!;•' must, in the language of the law, have reasonable and probable cause for believ- ing both of these facts. If he arrest with- out having reasonable and probable cause for so doing, he will be liable to answer in damages to the aggrieved party for making the arrest, but if he arrest under justifiable circumstances, he will not be liable for making the arrest, although the party taken was not concerned in the felony, nor will he be liable even although there was no felony at all committed. So, also, if a constable arrest one for an indict- able offence upon information derived from another, he will be fully authorized in doing so, if he had reasonable and pro- bable cause for believing the information he got to be correct, and he will not be liable, although, as before stated, no felony, in fact, had been committed at all. (Wilson, 35.J The constable, however, must be care- ful that he has such reasonable and pro- CONSTABLES? MANUAL. 186 , have 3eliev- ) with- caiise .nswer ty for under lot be jli the n the pongh .. So, ndict- i from ed in i pro- lation lot be d, no at all. care- l pro- bable cause to justify his proceedings, for, if he have not, he will be liable, in like manner as any one else would be, for his malicious conduct. The constable then should consider — 1. Who it is that gives him information. 2. Who the person is who is alleged to have committed the offence. 3. The general probability of the facts narrated. For instance, a constable is not justified in apprehending a person, as receiver of stolen goods, on the mere assertion of the thief. So it also follows, if he arrest on his own suspicion of the party having committed an indictable offence, or upon information communicated to him by another, he should not detain the party arrested after his suspicions are, or ought to be, entirelj^ removed, or if he discover the informa- tion which was given him to be false or untrustworthy. (Wilson, 36.) ill 186 COmTAIiLES' MANUAL. 1''.' • ; :\M Thus, if a constable arrest on a suspi- cion of theft, and after searching the party, discover nothing, and the suspicion appears to be groundless, he may dis- charge the party out of his custody with- out taking him before a magistrate. A constable may arrest on information of others that a party has committed an indictable offence. Thus, if a reasonable charge is made against a person who is given in custody to a constable, the con- stable is bound to take him, and he will be justified in so doing, though the charge may turn out to be unfounded. A constable may justify an arrest on a reasonable charge without warrant, al- though it should afterwards appear that no indictable offence had been committed, but a private individual cannot. A constable is justified in apprehending a person on suspicion, if he have reason- able or probable cause to believe that the I CON&fA DIES' MA NUA t. 187 suspi- ig the spicion ;y dis- j with- iiation ted an onable who is e con- le will charge t on a it, al- r that litted, ending eason- it the party charged committed an indictable offence. 552. Any one found commiting any of the offences mentioned in the follow- ing sections may be arrested without warrant by any one, that is to say : — 65. Treason. 67. Accessory after the fact is treason. 68-70. Treasonable offences. 71. Ass.uilts on the Queen. 72. Inciting to mutiny. 83. Offences respecting the reading of the Eiot Act. 85. Kiotous destruction of buildings. 86. Kiotous damage to buildings 120. Administering, taking, or procur- ing the taking of oaths to commit certain crimes. 121. Administering, taking, or procur- ing the taking of other unlawful oaths. 127. Piracy. 128. Piratical acts. 188 CON ST A BLES' MA NUA L. :.'( 129. Piracy with violence. 159^ Being at large while under sen- tence of imprisonment. 161. Breaking prison. 1G3. Escape from custody or from prison. 164. Escape from lawful custody. 174. Unnatural offences. 231. Murder. 232. Attempt to murder. 235. Accessory after the fact to murder. 236. Manslaughter. 238. Attempt to commit suicide. 241. Wounding with intent to do bodily harm. 242. Wounding. 244. Stupefying in order to commit indictable offence. 247-8. Injuring or attempting to injure by explosive substances. 250. Intentionally endangering persons on railways. CONST A BLKS' MA STA L. 180 3r sen- ho\\\ h Qurder. bodily jominifc ) injure Dersons 251. Wantonly endangering persons on railways. 254. Preventing escape from wreck. 2G7. Eape. 268. Attempt to commit rape. 2r39. Defiling children under fourteen. 281. Abduction of a woman. 314. Eeceiving property dishonestly obtained. 320. Theft by agent, etc. 355. Bringing into Canada things stolen. 398. Aggravated robbery. 399. Eobbery. 400. Assault with intent to rob. 401. Stopping the mail. 402. Compelling execution of docu- ments by force. 403. Sending letter demanding with menaces. 404. Demanding with intent to steal. 405. Extortion by certain threats. 190 COySTA IlL A'.S' MA .V I \\ L. 1 1* 408. Breaking peace of worship and connnitting an indictable offence. 409. Breaking peace of worship with intent to commit indictable offence. 410. Burglary. 411. Housebreaking and committing indictable offence. 412. Housebreaking with intent to connnit indictable offence. 413. Breaking shop and committing indictable offence. 414. Breaking shop with intent to com- mit indictable offence. 415. Being found in dwelling h- r?::,a by night. 416. Being armed with intent to break a dwelling house. 417. Being disguised or in possession of housebreaking instruments. 423. Forgery. 424. Uttering forged documents. 425. Counterfeiting seals. 430. Passing forged bank notes. (JONSTAHLES' MANUAL. 101 p and ) with litting lit to litting com- ^i^,d by break ession 432. Using probate obtained by forgery or perjury. 434. Making, having or using instru- ment for forgery, or uttering bond or un- dertaking. 435. Counterfeiting stamps. 430. Falsifying registers. 458. Personation of certain persons. 462. Counterfeiting gold and silver coin. 406. Making instruments for coining. 468. Clipping current coin. 470. Possessing clipping of current coin. 472. Counterfeiting copper coin. 473. Counterfeiting foreign gold and silver coin. 477. Uttering counterfeit current coin. 482. Arson. 483. Attempt to commit arson. 484. Setting fire to crops. 485. Attempting to set fire to crops. 488. Attempt to damage by explosives. R lii I 192 CONSTABLES' MANUAL. i I I . I «« ' % f, ' ! 489. Mischief on railways. 402. Injuries to electric telegraph, etc. 493. Wrecking. 494. Attempting to wreck. 495. Interfering with marine signals. 498. Mischief to mines. 499. Mischief. 2. Any one found committing any of the offences mentioned in the following sections may be arrested without warrant by a peace officer. 359. Obtaining by false pretence. 360. Obtaining execution of valuable securities by false pretence. 465. Exporting counterfeit coin. 471. Possessing counterfeit current coin. 473(6). Possessing counterfeit foreign gold or silver coin. 473(6Z). Counterfeiting foreign copper coin. 497 Cutting booms or breaking loose rafts or cribs of timber or saw logs. CONST A liLha' MA NUA L. 108 h, etc. iials. any of lowing (^arrant I. iluable surrent foreign copper loose 600. Attempting to injure or poison cattle. ft 512. Cruelty to animals. 513. Keeping cock pit. 55. A peace officer may arrest, without warrant, any one whom he finds commit- ting any offence against this Act, and any person may arrest, without warrant, any one whom he finds by night committing any offence against this Act. 4. Any one may arrest without warrant a person whom he, on reasonable and probable grounds, believes to have com- mitted an offence and to be escaping from, and to be freshly pursued by, those whom the person arresting, on reasonable and probable grounds, believes to have lawful authority to arrest such person. 5. The owner of any property on or in respect to which any person is found com- mitting an offence against this Act, or any person authorized by such owner may J.O.M.— 13 liM (10NSTA IlLES' MANUA L. .M' arrest, without warrant, tho person so found who shall forthwith bo taken before a justice of the peace to be dealt with according to law. O. Any ofhcer in Her Majesty's service, any warrant or petty oilicer in the navy, and any non-commissioned officer of marines, may arrest without warrant any person found conveying licpiors on board Her Majesty's ships, approaching or hov- ering about such ships for that purpose, or giving or selling to any man on board Her Majesty's ships any intoxicating liquor. Any peace officer may, without a war- rant, take into custody any person whom he finds lying or loitering in any highway, yard or other place during the night, and whom he has good cause to suspect of having committed, or being about to commit, any indictable oEence, and may detain snch person until he can be brought noysr.i hlks' ma nua l. 1«5 on 80 before I with jrvico, navy, er of it any board r hov- L'pose, board jating \> war- »vhom iway, 5, and )ct of it to . may )ught before a justicto of the peace, to be dealt with according to hiw. No person who has been so ap[)re- hended shall l)e detained after noon of the following day without being brought before a justice of the peace. 2J7. Every peace oflicer is justified in arresting without warrant any person wliom he finds committing any ollence. Weeds, Noxious. R. S. 0. c. 202. 2. It shidl be the duty of every owner of land or the occupant thereof, if the owner is not resident within the local municipality wherein the same is situate, To cut down and destroy all Canada thistles, oxeye daisy, wild oats, ragweed and burdock, growing on his land, and all other noxious weeds growing on his land, to which tlie Act may extend by by-law of the municipality, so often each and every year as is sufficient to prevent the ripening of the seed. 1!M^ COiVSTA II L ES' MA S ( 'A L. .Si •it* •i: 'it r To cut down and burn all the black knot found on plum or cheiry trees on his land, so often each and every year ag it shall appear on such trees, and To cut down and burn any peach, nec- tarine or other trees on his land infected with the disease known as the yellows, and to destroy all the fruit of trees in- fected. Penalty for refusing or neglecting to comply after notice given. Fine, IJ>5 to mo. Penalty on person who knowingly sells grass, clover or other seed among which is seed of Canada thistles, oxeye daisy, wild oats, ragweed, burdock or wild mus- tard, $5 to $20. Penalty on person who knowingly offen for sale or shipment, or sells or ships the fruit of trees infected with yellows, $5 tc $20. Penalty on every inspector, overseer o ighways, or other officer who refuses oi COXSTAliLKS' MA MIA I. m on as to to of or no^'loets to (liHCihar^'o tlio diitlos inipostMl on him by this Act, ^U) to Jjt>*^(). Witchcraft, Pretending to Practise. C. 0. 181)2, 8. J)1)0. Every one is |j;nilty of an indictable oflfeneo and liable to one year's imprison- ment who pretends to erereise or nse any kind of witchcraft, sorcery, enchantment or conjnration, or undertakes to tell fortunes, or pretends from his skill or k\iowled^e in any occult or crafty science, to discover where or in what manner any goods -or chattels supposed to have been stolen or lost may be found. Wolves, Destroying. Ont. Stat. 1892, c. 50. Provides that if any person produces the head of a wolf, with the ears on, be- fore any justice of the peace, and makes oath or afiirmation to the satisfaction of such justice that the wolf was killed in the county, he shall be entitled to receive the sum of $10 as a bounty from the 198 CONST A liLES' MA xXUA L. county treasurer on the certificate of siicli justice. Writs, Misconduct of Officers entrusted with execution of. C. C. 1892, s. 143. Every one is guilty of an indictable offence and liable to a fine and imprison- irient, in the discretion of the court, who, being a sheriff, deputy-sheriff, coroner, elisor, bailiff, constable or other officer entrusted with the execution of any writ, warrant or process, wilfully misconducts himself in the execution of the same, or wilfully, and without the consent of the person in whose favour the writ, warrant or process was issued, makes any false return thereto. i i5«"- coyHTA bu:h' manua i. 101) with SCHEDULE "A." CONSTABLES' TARTFF OF FEES. 11. S. O. c. 83, p.8i3. 1. Arrest of each intlividual upon a warrant (to bo paid out of the County funds, or by the party, aa the case may be ^1 50 2. Serving summons or subpoena (to be paid out of the County funds, or by the party, as the case may be) 25 3. Mileaj^e, to serve summons, subpoena or warrant (to be paid out of the County funds, or by the party "s the case may be) 10 4. Mileage, when service cannot be effected upon duo proof of diligence (to be paid out of the County funds, or by the party, as the case may be) 10 5. Mileage, taking prisoner to gaol, exclusive of dis- bursements necessarily expended in conveyance. 10 6. Attending justices on summary trials, or on ex- amination of prisoners charged with crime, for each day necessarily employed in one or more cases, when not engaged more than four hours . . 1 00 7. when engaged more than four hours. 1 50 8. Attending Assizes or Sessions, each day 1 50 9. Mileage, travelling to attend Assizes, Sessions, or bafore justices (when public conveyance can be- taken, only reasonable disbursements to be allowed 10 10. Summoning jury for coroner's inquest, including attending at inquest, and all services in respect thereof, if held on same day as jury summoned.. 2 00 m 200 CONSTABLES' MANUAL. i;; *' ' 11. Attending each adjournment thereof, if not engaged more than four hours 1 GO 12. if engaged more than four hours. 1 50 18. Serving summons and subposna to attend before coroner (subject to No. 10. ) 25 14. Mileage, serving same 10 15. JOxhuming body under coroner's warrant 2 00 It). Re-burying same 2 00 17. Serving distress warrant and returning same 1 50 18. Advertising under flistress warrant 1 00 19. Travelling to make distress or to search for goods to make distress when no goods are found (per mile) 10 20. Appraisements, whether by one appraiser or more, two cents on the dollar on the value of the goods. 21. Catalogue sale and commission and delivery of goods, five cents on the dollar on the net produce of the goods. 22. Executing search warrant (1) 23. Serving notices on constable, when personally served 50 l.VC'on stables' accounts are to be sent in to the clerk of the peace on or before the first days of January, April, July and October. 2. Accounts for coroner's constables, and for services in which the defendant is committed to gaol to await trial, on an indictable offence, or on bail taken for his attendance at such court, are payable by the Crown, and must be ren- dered in duplicatetto; the "clerk of the peace, on the days above stated, and Circular No. 9 says: — "That in future, constables will be required to state in every account for arrest, or conveyance of prisoners, the nature of the crime upon which the prisoners were arrested, and whether they have been ti ied, or held over for trial before the assizes, general sessions or other courts." It then directs *he treasurer " to defer any accounts that may be deficient CONSTABLES' MANUAL, m. not . 1 00 lis. 1 60 ore . 25 . 10 . 2 00 . 2 00 . 1 50 . 1 00 10 for • • • )re, the of uce illy . . . 50 ! clerk of y, April, rvicea in trial, on dance at be ren- lihe days 1 future, ount for lie crime ler they assizes, 3cts *.he deficient of the required information, and return them to the con- stables for correction.*' 3. Accounts for services held summary, before justices of the peace, and the prisoners committed to gaol, in default of paying fine and costs, are payable by the county, and are to be sent to the clerk of the peace in single form on the days above stated. 4. Accounts for services in cases where a prisoner is charged with an indictable offence, but has been dismissed by the justices, are payable by the county, and are to be rendered in single form to the clerk of the peace on the days above mentioned. 5. Circular No. 1 states: — "The fees for executing a search warrant, other than for the arrest, are payable by the county." If^ however, the goods alleged to be stolen cannot be found, it has been considered the proper course to make the informant pay. 6. Accounts are to be certified by the coroner or justice, under whose direction the services charged for have been performed. The dates are to be placed in the proper column of the account. The accounts must be sworn to by constable before a justice of the peace. 7. Mileage, at ten cents per mile, going to arrest, covers hire of conveyance, and the account must show the names of places going from, and the place arrived at, to make such service or arrest. Going to make service or arrest, and returning, are covered by the charge, ten cents per milej one way. 8. Mileage, taking prisoner to gaol, covers constable's fee ; he will, however, be allowed for the hire of conveyance for prisoner, but must avail himself of the cheapest route, and will not be allowed the expense of a waggon, if he can travel by the railroad, 9. Should one constable be insufficient to effect an arrest, another constable or constables, or specials may be required to act, and conveyance employed by order of the justice or coroner, the accounts for such assistance are to be rendered as other constables' accounts, coroner or justice certifying the , ii 202 CON ST A niES' MA N UA L. 'ii.* •■) m. X. oorroctness of the charges, and that the assiatance and con- veyance were necesaary. 10. A constable who pursuea a criminal from county to county, under a warrant, properly endorsed, is entitled to mileage, aa for arrest in liis county. And where constables, under authority and by command of the Executive Govern- ment, pursue criminals beyond the limits of the province, a fair allowance ought to be given them to cover expenses, but in no other case is a constable entitled to any allowance for the pursuit of a prisoner beyond the limit of the province. (See circular No. 3). 11. Accounts, as audited, will be paid at once by the county treasurer, upon application to him. 12. Out. Mun. Act., 1892, s. 494, provides for payment of a reward for apprehending a horse thief (on judge's order). 13. A constable should be very particular in making up his costs correctly, and strictly in accordance with the law ; any overcharge renders him liable to the penalty of forty dollars. If two or more cases are heard at the same time, he is entitled to only one dollar and a half for the whole dav ; he must therefore divide the attendance fee equally among the parties. If there are two cases, he will cliarge 75 cents in each case ; if four cases, 37^ cents in each case. In the service of summons, he is entitled only to his mileage for every mile necessarily travelled from the magis- trates' office, till the last summons has been served, and not the mileage upon each summons, separately, from the magistrate's office. (McNab's Magistrates' Manual, p. 192). 14. Constables who are summoned in their capacity as constables, to attend the Courts of Oyer and Terminer, General Sessions, and County Judge's Criminal Court are entitled to receive witness fees. 15. Constables who find, or are given a dead body in c'large. and on which the coroner declines to hold an inquest, are entitled to be paid by the township or village municipal- ity, according to tariff, per diem, and other reasonable charges. 16. Constables who are called on by private persons to do watching at night, or other duties, expect to be paid by the CONST A RL A\S" MA N UA L. 203 aiui con- county to ititled to Dnstables, J Govern - rovince, a expenses, lUowance it of the 36 bv the yment of order). aking up the law ; of forty bhe same If for the lance fee (S, he will bs in each tily to his lie maj^ia- , and not Prom the 1, p. 192). nacity as 'erminer, ;iourt are • body in inquest, unicipal- asonable )ns to do id by the {Parties so employing them, as the county will not pay for anything that is not brouglit before a justice of the poace, and proceedings commenced before him. 17. In diHniisned cases before justices, the constable is entitled to receive his costs from the complainant, uidess otherwise ordered by justice. 18. It is laid down in R. S. O. c. 78, p. 815. that :— " For information and „n>;«) to fluht a dud H. C. Clialkn«in« to H«ht a pri/,0 li^lit Sum. Princijml in prize fl^bt Kuni. Attondinji or proniotin>{ prizo fl^^lit . . auxn. Ki'MK it (J. A O .t (J. i\ (} () (; V, 1 j.i I J. I 1 .1.1 '*» ""'»" Tribunal. 196. Leaving Canada to enf^ago in a prize fi«lit Sum. IJ.i- !)7. Where the flt{ht is not a prize fight . . Sum. 1 J.I 'JH. Inciting Indians to riotous acts 11. C. & G. PART. VI. Unlawfpl Use and Possession op Explosive S Weapons. — Sale of Liyuo on. Causing dangerous explosions H. C. & G 100. Doing anything or possessing explo- sive substances with intent to cause dangerous explosions H. C. & G 101. Unlawfully making or possessing ex- plosive substances H. C. & G 102 Possession of arms for purposes danger- ous to public peace H. C. ct G 103. Two or more persons openly carrying weapons so as to cause alarm. . . . Sum. 2 J.I 104. Smugglers carrying offensive weapons II. C. it G 105. Carrying pistol or air gun without justification Sum. 1 J.I 106. Selling pistol or air gun to minor Sum. 1 J.I without keeping record of sale Sum. 1 J.I iif^i i h >•••••• Kl com:iiunl- "^'•'" n. C 1 j«'Rr or (ImiuotoxccoUinu • 100, or both tioM ao(|(iinul or iittoiiipt- i«» »«*«»» II. C Imp. for life. ly otiior crtHo. II. C lyror n ux. »100, or both. TAUT V. fiUlMKH, IllOTH, IJliKAOIIRg Of TIIR PkACK. H. C. iVa. a. 1 yr 11 . C. A O. 8. 2 yrH. 11. C.tCJ. R. Imp. for lif... H. C. ili H. H. Imp. fur life. H. (;. .V (I. H 7 vrH. II. C. .V (1. H. Uyrs. 11. C. . ]., or both. iv from bt'itiK liUtiii^H in«H . . . lur /u U^ht )rizo t]({lit i 3 jTriTmnaJ. Puninhtnent. ;o in a prize Sum. 1 J. P. . . ft50 to *400. or imp. n. ox. moH. w. or w. li. I. or both, irize fight .. Sum. 1 J.P... *50. 18 ucts H. C. A (Jr. S.. 2 yrs. PART. VI. BK88I0N OP Explosive SonsTANCES and Offensive ^KAPONs. — Sale of Liyuoita. )Bion8 H. C. A G. S. Imp. for life. BssiiiH explo- itent to cause H. C. A G. 8. 14 yrs. ossessin^ ex- H. C. & G. S. 7 yrs. poses danger- H. C. A' G. S. 5 yrs. 3nly carrying se alarm Sum. 2 J.P... $10 to f 10, or imp. 30 days. isive weapons II. C. & G. S. 10 yrs. gun without Sum. 1 J.P. . . U to »25, or 1 mo. io minor Sum. 1 J.P... n. ex. $/J0. record of sale Sum. 1 J.P. . . n. ex. $25. 8 § Trtbunmt, 107. llttviiiK wct»|M)n« uii |Miraou wli«n iirr«Mti«t Hum. 'i J. I lOH, HkvImm witHiKiiiH wltli iiituiit to liijiiru Miiotlivr 'i J.l U)\K I>()liitin»< II t\ri'iuin at niiy ikthom. . . , 'J .1.1 110. CarryiiiK offt'iiHlvu weapon (bowia kiiifu, (ta>(ri(tr, uto.), on pMrNoii .... 9 J.T 111. Ourryin^ Hlioatli kiiifu (not rt'quirtid by Ilia luwftil cttllln»{ 'i.).I 118. RitfuHin^ to (Ivlivor woiipon to .T.P. ati or on wiiy to |itil)li(; iiii'i>tiii^ .... H. G. A CI 114. Coniinu urinud witliin onu uiitu of pub- lic nimitiii^; II. C. iV U US. Lyin^ in wait for porHoim rtaurniu^ from piiblio niuotin»( lI.CtlcQ 116. Kail* of iirtiiH or ainiiitniitinii in tiio N. W. T. without puruiiHiion of Lt. (iovcrnor Huni. 2 .1." 117. PoiHLjHin^ wnapouH noar public wurkit Sum. 1 •).! Uuct'ivin^t or concealing any wonpoua near public workn Sum. 1 .T.l t4 Tribunal. lift. Bale of liquors near public work with- out purmiaaion of Lt.-Uov 3um. 1 J.I .119. Intoxicatintt liquors on board Her Majesty's ships Sum. 2 J I PART VII. SkDITIOUS Ot'l'KNCBH. 120. Administors oath binding person to commit crime punishable by death or imprisonment or for more than five years H. C 121. Administers, etc., other unlawful oaths II, C 124. Seditious offences H. C 125. Libels on foreign soverei;^uri H. (' 126. Spreadin({ false news H. C PART VIII. Piracy. 1 27. Piracy by the law of nations H. C 128. Piratical acts H. C 129. Piracy with violence . . H. C 130. Not fighting pirates H. C. . . . ■ityrFit'^.t, ,1 ,il,ft%iil Tribunat, «ra<)it when Hum.'J J P... iuiit to itijiirtt 8J.P... y pvrMon .... 9 •!. P. . . ipoii (bjwlo I ptimoi),. •• 9 J.P.t. [not rtxiiiirud 'iJ.l'... f>n to .1. P. att riu>«>tiii^ H, 0. A U. H. Diiiito of i>iib> II. C. A O. fl. MiH riaurniii(( H.C. A O. H. iiitioii in tlio uruiiHaion of Hum. a J.P... public wurka Hum. 1 J.P... uny Wi'npouH Hum.l J.P... ^'unt»^m^n^. •viOtofAO.or .) nioa. w. or w. h. 1. f ft«) to f 'JOO, or n. ex. ti mo«. h. I. 910 to (lot), or itO (Uya w. ur w. h. 1. |in to V*0, or no (Uyt w. or w. h. I. 910 to ItU, or m d'iya w. ur w. h. 1. 08. 9 100 or ii moa , ur botli. 9200 or )l nioa., or both. 9'iOO or (I moa., or both. 9*2 to 91 |H yrs. H. C 7 yrs. on II. C 2 yrs. Br conviction TT. C 2 yrs. )dy II. C 2 yrs. n cases .... II. C 7 yrs. cases H. C 5 yrs. n II. C 2 yrs. itting escape. H.C... 5 to 7 years. dischari^e of H.C 2 yrs. &3 PART XII. )ffesceh ao.vinst 1!i:ligion. ' Tribunal. Punishment. H. C. tfe G. S. 1 yr. ergyraan.. .. H. C. & G. S. 2 yrs. r"VT'.an .... H. C. & G. S. 2 yrs. p Sura. I J.P. . . §50 and costs or 1 mo. PART XITI. )ffences against Morality. H. C. & G. S. Imp. for life. ny H. C. & G. S. 10 yrs. H. C A G. S. 14 yrs. and whipping. , Slim. 2 J.P. . . S')0 or mo. w. or w. h. H. C. A- G. S. 5 yrs. and whipping. er H. C. A G. S. 2 yrs. etc H. C. A G. S. 2 yrs. sixteen H. C. A G. S. 2 yrs. ) of marriage. H. C. A G. S. 2 yrs. vant, etc H. C. A G. S. 2 yrs. lo are passen- H. C. & G. S, igiiOO or 1 yr. en H. C. A G. S. 2 yrs. curing defile- H. C. A G. S. 14 yrs. 8 09 Tribunal 187. UouHeholderH permitting defilement of girl on their premiseH H. C. A C 188. ConHpiracy to defile H. C. A f 189. Carnally knowing idiots H. C. A ( 190. Prostitution of Indian women H. C. A C PART XIV. Ndisanckb. 192. Common nuisances which are criminal H. C. A _ 194. Selling things unfit for food H. C. A G 198. Disorderly houses H. C. A C 199. Playing or looking on in gaming house Sum. 2 J. 200. Obstructing peace officer entering a gaming house 2 J 201. Gaming in stocks and merchandise.. H. C. A G 202. Habitually frequenting places where gaming in stocks is carried on. . . . H. C. A 203. Gambling in public conveyances.... H. C. A G Conductor, master, or superior officer on railroad car or steamboat who neglects his duty to have offen- ders punished Sum. 1 J. 1 mfpifm^maf^fgmii^ * Tribunal Company or ijerson failmg to keep copy of 8. 203 posted up in conspic- uous place gr" p I r 204. Betting and pool selling w" n a f 205. Lotteries .••.••••,••//•••;•;,■; "' ^- '^ Buying or receiving lottery ticket or other device • Sum. 1 J. 206. Misconduct in respect to human remains H. C. A ( PART XV. Vagrancy. 207. Idle and disorderly persons Sum. 2 J PART XVI. Duties Tending to the Pueseuv 215. Neglecting duty to provide necessaries H. C. A 216. Abandoning children under two years of age H. C. A 217. Causing bodily harm to apprentices or servants U. t^. a: Tribunal. defilement of 1 H. C. A G. R. H. C. A G. 8. H. C. A G. 8. omen H. C. & G. 8. PART XIV. Ndihancks. 1 are criminal H. C. & j. 8. )od H. C. & G. S. H. C. & G. 8. ;aming house Sura. 2 J.f... r enterini{ a 23}^.. terohandise . . H. C. & G. 8. placcH where arried on H. C. & G. 8. veyances. ... H. C. & G. 8. or superior or steamboat have offen- 8um. IJ.P... I'unithtnent, 10 yrs. if girl is under 14, 2 yrs. if girl is between 14 and 10. 2 yrs. 4 yrs. »10 to flOO or 6 mo8. imp. 1 yr. 1 yr. , 2nd offence 2 yrs. 1 yr. »20 to 8100 or 2 mos. n. ex. VIOO or 6 mos. w. or w. h. 1. 5 yrs. and fine of 9^00. 1 yr. 1 yr. 820 to 8100. » S3 2 mmmmm ' Tribunal. Punishment. ailmg to keep in in conspic- . , Sum. 1 J.P. . . 820 to 8100. H. C. & G. 8. 1 yr. and fine n. ex. 81,000. //.".... H. C. & G. S. 2 yrs. and fine n. ex. $2,000. lottery ticket Sum. IJ.P... $20 t to human H. C. (fe G. 8. 5yrii. PART XV. Vagrancy. ,0113 Sum. 2 J.P. . 850 or n. ex. 6 mos. w. or w. h. l.,orboth. PART XVI. 5NDING TO THE PuESEUVATION OF LiFE. ide necessaries H. C. & G. S. 3 yrs. nder two years H. C. & G. 8. 3 yrs. I apprentices or . ..V H. C. & G. 8. 3 yrs. 8 So PART XVIII. MUHDKH AND AIaNHIMUCUIT «.ii r. • 1 . Tribui 2iii. I'lmiHlinient of murder u c, 2.T2. AttemptH to coiiimifc murder!!.!!!!! JI r" 2;»H. ThreatH to murder ! ! }i* q ' ' 234. Conspiracy to murder !!!!!!!! U C 2H.'>. AccoHHorioH after tlio fuct to nimder! ! 11 6" '2'M. riiniHlimeiit of manalau^^htor ! h! c, ,fe 237. Aidin« and abetting,' Huicide ! H c' ilfe 238. Attempt to commit Huicido H C A 23!). Neglecting to obtain a«ai8t:uicu in cliiidbirtii II C A 240. Concealing,' dead body !!!.!! ! ! ! ! n! c! Sc PART XIX. ROI.ILY I.NjmtlKS, AND AcTS AND OmISHIONH C, 241. Wouudin« with intent H. C. ife 242. Woundinj,' [ h! c! ,'8 with intent to commit an indictable offence II. C. & Mtor 11. C. A a. H. For life. "J'f'e H. C. A G. S. For life. ««d" : H. C. A G. S. 2 yrs. tiHaist:i!i(;u in 11. C. A G. 8. For life. II. C. A G. R. 2 yrs. < yi'B. PART XIX. Acts and Omishionh Cadhixo Danoku to Peuso.v. II. C. it G. S. For life. H. C. & G. 8. 3 yrs. esty's vesHels — or inland re- ring dru«8 with an indictable H. C. & G.S 14 yrs. H. C. & G. S. For life and whipping. S "'^ M i miMillWII' l fmMfmw*tfMRi!ii* Tribunal. Puniahment. 10 as to endan- H. C. & G. S. 14 yrs. with intent to H.C. & G. S. 3 yrs. i by explosives . H. C. A G. S. For life. )dily injuries by H. C. & G. S For life. 14 yrs. d man-traps . . H. C. & G. S. 5 yrs. ring the safety ays H. C. & G. S. Life. ig the safety of ^s H. C. & G. S. 2 yrs. odily injury to H. C.& G. S. 2 yrs. ricus driving . . H. C. & G. S. 2 yrs. 5 of the lite of jcked H. C. tt G. S. 7 yrs. ice and excava- Sum. 1 J. P . . Fine and imp. or both. ships to sea H. C. & G. S. 5 yrs. PART XX. Assaults. jmales H. C. & G. S. 2 yrs. and whipping. ualea H. C. & G. S. 10 yrs. and whipping. il bodily harm.. H. C. & G. S. 3 yrs. 8 Si Trihiinal. Sn.*). Aumavatoit UHsault .. II. C. it (J 2(U. Ki(lita|)ptiit< U.C.A U 265. Common aHHaulU 11 C & Bum. 1 J.l PART XXI. Rape and Puocciuno Aiioh' 207. PuniRlimeiit for rape H. C 21)8. Attempt to commit rape H. C 2«'.i>. DefllinM children under fourteen II. C. A G 270 Attempt to commit Huch offonco .... H. C. A O 271. Kiliiny unborn child H. C. A G 272. Procuring' abortion H. C. A (} 27i>. Woman procuring lier own miacarriaf^e IT. (!. A G 274. Supplying.; meana to procure abortion H. C. A G PART XXII. Offknckh afkectino CoNJUo.vii AND Paukntal Rio 270. PuniBhmnnt of bigamy H. C. A G 277. Feiyned marriajjes H. C. A G '27H. Punisliment of polygamy H. C. A G 279. Solomnization of marriage without iHwful authority H. C. A C . A- Tribunal. 280. Solemnization of marriage contrary to law HC.A G 281. Abduction of a woman H. C. A G 282. Abduction of an heireas H. C. A G 283. Abduction of girl under sixteen H. C. A G 284. Stealing children under fourteen .... H. C. A G PART XXIV. Defamatouy Libel. .HOO. Extortion by defamatory libel H. C 801. Punishment of defamatory libel known to be false H. C 302. Punishment of defamatory libel H. C PART XXV. Receiving Stolen Good 314. Receiving property dishonestly ob- tained...... H.C.A G SI.?. Receiving stolen post letter or post letter bag H. C. A G 810. Receiving property obtained by offence punishable on summary convic- tion Sum. 1 J.I Trihiinal. I'unUhmtnf, II. C. it G. H. a yra. H. C. A «. H. 7 yri. 11 C & O. 8. 1 yr. ami n. ex. $100. Bum, 1 J. P. . . 9'iO and costH or 2 inoa. w or w. h. 1. PART XXI. PE AND PuOCUHINd AllOHTION. H. C Death or imp. for life. H. C Tyrs, lurtoen .... H. C. A G. H. Imp. for life and whipping offence H. C. A G. 8. 2 yrn. and whipping. H. C. A G. H. Imp. for life. II. C. A G. 8. Imp. for life. n miacarriafio 11. C A G. H. 7 yrn. uro abortion H. C. A G. B. 2 yrs, PART XXII. JUO.Vli AND PaHKNTAL RlOntS— BioAMY — AllDUCTION. H. C. A G. 8. 7 yrs , 2nd offence 14 yrs. H. C. A G. 8. 7 yrn. H. C. A G. 8, 5 yrs. and lino of $600. age without H. C. A G. 8. 2 yrs. or fine, or both. N s 3 to s ••" i | i !l".M!WUJ'W ' " Tribunal. Puniihment. ;e contrary to H C. A G. S. 1 yr. or fine. H. C. A G. S. 11 yrs. H. C. A G. 8. 14 yrs. ixteen H. C. A G. 8. 5 yrs. Qurteen .... H. C. A O. 8. 7 yrs. PART XXIV. Defamatory Libel. f libel H. C 2 yrs. or $600 or both. y libel known , H. C 2 yrs. or f 400 or both. ■y' iibei H. C 1 yr. or »200, or both. PART XXV. Receiving Stolen Goods. bonestly ob- itter or post ed by offence nary convic- H. C. A G. 8. 14 yrs. H. C. A G. 8. 5 yrs. 8 ?5 Sum. 1 J.P. . . As for stealing. S w I'AKT XXVI. PuMHiiMKN'T or TiiKrr and Or-rRvo;* Ukkkmiimno Tii 1'kIIKONH in IlKrti'lX 1 OK I'AltTK'UI.AII TIIINOK I^ ^IW. Cl«-rkH 1111(1 HcrvaiitH II. ('. .'. (!, H'20. A^untH atiil iittorneyM U. C. iV (>, H'il. l'ul)lio HorviintH ro(uHiii|.| to dolivttr up t'liiittcitt, iMonuvH or hookH, utc, lawfully (i(!iiiiiii(Ui(l of tliuin II. CA O. «23. TonaiitH and lodyeiH II. 0. A- (> U'2I). T«Htatn«ntary iiiHtrittnuntH H. C. d' (>. a'24. Documont of titlo to laiidit H. C. tt (», H'iH, Judicial or otticial dooiuiieiitH II. (>. tV (f. 'H'20. Htoaliii>< pimt lettor ba«n H. (!. anj . Cattle H, C. A (i ^3*2. Do^H, birdt), beaatH and other animaln. Bum. 1 J.I 3;J3. PixeoHB ; Sinn. 1 J.I BM. OvHtcTs H C. it G ->^^L'« Tribunal. UBiuR dred^^o witliin limits of ovHter- bed H. C. A G. 886. Thinfig fixed to buildings or to land . . H. C. A G. 830. Trees in pleasure grounds, etc., of five dbllarr.' value H. C. & G. Trees elsewhere of twentv-15ve dollars value '..... H. C. & G. 837. Trees of the value of tweuty-flve cents. Sum. 1 J. E 338. Timber found adrift H. C. & G. 839. Fences— stiles— gates Sum. 1 J.P 840. Failing to satisfy justice that posses- sion of tree, etc., is lawful Sum. 1 J.P 341. Roots, plants, etc., growing in gardens, etc Sum. IJ.l' 342. Boots, plants, etc., growing elsewhere than in gardens, etc Sum. 1 J.I 843. Ores of metals, etc H. C. & G, 344. Stealing from the person H. C. & G 845. Stealing in dwelling houses H. C. A G. 846. Stealing by picklocks, etc H. C. & G rAUT XXVI. 'fKN'ON UkhKMIU.INO TllKKr OOMMIITKI) IIY I'AUTtCULAIl 0»' rAIITK:Ut.All TIIIN'dH IN i'AUltCCt.Ali PlACKI. Trihunni I'liniithmtnf.. H. ('. .V (;. H. 14 yrK. H. C..V a. H. Uyrn. to (lolivitr lip hookH, utu., tlioin H. 0. il- O. S. 11 yrn. H. C. A- (>. S. -2 vrH. ,H H. C. .t (i. H. Imp. for life. 4 H. C. .V (}. S. HyiH. iiitH II. C. ifc C. H :i yrH. H. 0. <\' (i. H. Imp. for lifeor n.loHBSyrs. otH liiiil keys. II. ('. iV (J. H. Krom '.i to 7 yrH. * othur tliHii II. (X ,t (J. H. nyrH. H. (!. it (i. H. Fine or 7 yrs., or both. lie. it (1. H. i yrH. H. C. iV (I. S. Jl yiH. lior aiiinmlH. Hum. IJ.P... *20 ovor and above value of iviiimal.or 1 mo. w. h. 1., • • ■ 'iiul offonco .4 mo8. ......' Sum. 1 J. P. . . ftlO over and above value of birds. II C. it (J. H. 7 yrH. I S W5 Tribunal. iH of oyHter- H. C. A G. S. ar to land .. H. C. A G. S. , etc., of five H. C. & G. b. '-five dollars H. C. A G. S. ty-flve cents. Sum. IJ.P... H. C. A G. S. Sum. IJ.P... that poBses- vful Sum. UP.;. ^ in gardens, Sum. IJ.P... ig elsewhere Sum.l J.P... H. C. A G. S. H. C. A G. S. es H. C. A G. S. H. C. iS: G. S. Punithment. B mos. 7 yrs. 2 yrs. 2 yrs. 12') over and above value of trees, 2nd offe'ice 3 mos. h. 1. 3 yrs. $'i() over and above value, 2nd offence 3 mos. h. 1. ^10 over and above value. 820 over and above value, or 1 mo. w. orw. h. 1., 2nd offence indictable, 3 yrs. 85 over and above value or 1 mo. h. 1., 2nd offence 3 mo. 2 yrs. 14 yrs. 14 yrs. 14 yrs. h. 1. Tribututt, 847. HtvMliiiu ill innnurftct<>rl(ii for iiiHiiiifii(*tiirH. wlmrvo, tic .... II. C >V O. ar.O. :-li'aliiiK wreck H. C. .V (i. H/il. HtcMliiiK <»• rnilwiiya U. C. «t G. 8S'i. HtiiivlniM thiii^N (io|in«itc(1 in Indiftn ((riiveB » Hum. 1 .1.1". 8ft8. Pefitroylnd, etc., (lu(Miiiientit H. C. it O. 851. CoiicnttliiiK H. C. iV (J. Mr>. Hriutfinu stolen propttrty into Cnrni'l^ H. ('. A G, 8ff((. Htcaliii^ tliiii^n not otlierwiMu iiroviderl for H. C.t O. 857. Atlditioniil piiiiiNhni<>iit wIiimi vnliie of property vxcooiU two I'Miidred dollars H. C. A O, i^Mi'V XXVII. Om'AiNi.No PitorRiiTY nt Fai-hk Piibtknhkh and othkh C WITH PllOI'KUTV. 8R9. Puniahinpnt of faliio pretenne H. C. A G. SCO ObtAiniiit< execution of valuable aecur- ity by fniHe prutuiiHe II. C. Jt O. -*• -fBI * Tribunal. 801. FulBely pretending to enclose money in a letter H. C. A G. 802. Obtaining ptiHHagu ly falau ticketH.. H. C. A (>. 868. Criminal breach of tiust H. C. A G. PART XXVIII. Fradd. 804. FalBO accounting by official H. C. A G. 305. Fa'se statement by oHioial H. C. A G. SOf). False accounting' by clerk H. C. A G. 867. False utatemuut by public officer.... H. C. A G 868. Assigning property uith intent to defraud creilitors H. C. A G. 869. Destroying or falsifying books with intent to defraud creditors H. C. A G. 870. Concealing deeds or encumbrances, or falsifying pedigree II. C. A G. 871. Frauds in respect to the registration of titles to land H. C. A G. 872. Fraudulent sales of property H. C. A G. 878. Fraudulent hypothecation of real property H. C. A G. 874. Fraudulent siizures of land H. C. A G. 376. Unlawful dealinf^s with gold or silver H. C. A G. 876. Warehousemen, etc., giving false receipts— knowingly using the same H. C. & G. Tribnnnt, I'unithmtnl. etG H. C. * O. 8. 6 yr«. « . . H. r. * O. H 3 yr». re«. «lc..,. H. <'. A (J. K. U yri. H. C. A (i. £^. 7 ym. H. C. A O. 8. Uyrt. in Indiftn Hum. 1 J.r. . . Ut offono« 1100 or 3 mo». 'JndofTenoe 9 100 or 6 moa. ti H. C* O.K. »yr«. H. C. * O. 8 ayr«. nto Canftdn H. C. A O. ti. 7 yt». Imu provitled H. C. A OP. 7 yri, and offono* 10 vr«. i(tn valuo of o l-Miidred II. C. A Q. H a yr». in iiddition to iiuniHh- mcnt. I'AitT XXVII. PllBTKNHKII AND OTHRIl CuiMINiai FbAUUI ANO DbALINOB WITH PliOI'KIlTY. »nRe H. C. A G. S, 8 yri. itiible locur- II. C. A O. H. 8yM. B "J) s Mnanv .« [iloBe money H. C. A G. H. Ibo ticketa.. H. C. A Ci. S. H. C. A O. 8, PART XXVIII. Fraud. *1 H. C. A G. S. a H. C. A G. H. t H. C. A G. H. c officer..., H. C. A G 8. 1 intent to H. C. A G. 8. books with ditors II. C. A G. 8. nbrancee, or II. C. A G. 8. gistration of H. C. A G. «. irty H. C. A G. S. »n of real H. C. A G. 8. nd H, C. A G. 8. old or silver H. C. A G. 8. iving false ing the same H. C. A G. 8. Punmhment. 3 yrs. G moH. 7 yrs. 7 yrs. 5 yra. 7 yra. 5 yrs. and n. ex. S500. 9800 and 1 yr. 10 yrs. Fine or 2 yrs. or both, 3 yrs. 1 yr. and n. ex. 92,000. 1 yr. and n. ex. 9100. lyr. 2 yrs. 3 yrs. i Tribunal. 877. OwncrsotmercliandiHodiHjioHiiit; there- of contrary toaj^reenH'iitrt witli con- Hi({iioea who have iimdo udvuiices thereon H. C. A G. 878. Makiiif,' false statenioiitH or receipts for property that can bo umd undtT "Tlie JJaiik Act," fran(hilently dorthn^ witli property to wliicli such receipts refer H. C. ife O. 880. Sellin(» vessel or wrecK not liavinj^ title thereto H. C. it G, 881. Other offences rospectinK' wrecks.... Rum. 2 J. P 382. Offences respectinfj old marine stores H. C Sum. 1 J.F 885. Unlawfully applying marks to public stores H. C. A G. 386. Takinii marks from public stores.... H. G. & G. 887. Unlawful possession, sale, etc., of public stores H. C. A G. Hum. 2 J.P 888. Not satisfying justices that possession of public stores is lawful Sum. 2 J.F 389. Searching for stores near H. M. vessels. Sum. 2 J.I 890. Receiving regimental necessaries, etc., from soldiers or deserters H. C. & G Sum. 2 J.I Tribunal. 891. Receiving, etc., necessaries from mariners or deserters H. C. & G. S. V Sum. 2 J.P. a ^ 892. Receiving etc., a seaman's property . . H. C. & G. S I Sum. IJ.P... cn 898. Not satisfying justice that possession of seaman's property is lawful. . . . Sum. 1 J.P. 894. Conspiracy to defraud H. C. & G. S 895. Cheating at play H. C. & G. S 396. Pretending to practice witchcraft .... H. C. & G. S PART XXIX. RoniJEUY AND Extortion. 398. Punishment of aggravated robbery.. H. C. & G. S 899 Punishment of robbery H. C. & G. 400. Assanlt with intent to rob H. C. & G. S 401. Stopping the mail H. C. & G. S 402. Compelling execution of documents bv force '. H. C. & G. S 403. Sending letter demanding property with menaces H. C. & G, S 404. Demanding with intent to steal H. C. & G. S 405. Extortion by certain threats H. C. & G. S 406. Extortion by other threats H. C. & G. S Tribvnal, lOHinntlu'i'u- itH witlic.oii- lo lulvances II. C. ct G. S. or receipts 3 UHwl under FniiKliileiitly y to vvliicli H. C. A G. S. 1 havinu title n. C. A G. S. wrecks.... Sum. '2 J. P.. . urine atorea H. C Sum. 1 J.P... ks to public H. C. A G. 8. ic stores.... H. C. & G. S. ,1g, etc., of H. C. A G. S. Sum. 2 J.P... it possession ,vful Sum. 2J.P... i. M. vessels. Sum, 2 J.P. . . sssaries, etc., rters H. C. A G. S, Sum. 2 J.P... J'unithment. ^ 3 yrs. 3 yrs. 7 yrs. UOO or f) yrs. w. or w. h. 1. 5 yrs. Ist offence $5, 2d offence §7. 2 yrs. 2 "yrs, 1 yr. :|1U0 or 6 mos. li. 1. »25, or 3 mos. w. or. w, h. 1. 125 or 3 mos. T) yrs. ^20 to $40 and costs or 6 moa. imp. w. or w. h. 1. i ■mA. Tribunal. es from H. C. & G. S. Sum. 2 J.P... Punishment. 5 yrs. $20 to $120 and costs or 6 mos. roperty . . H. C. A G. S. 5 yrs. Sum. 1 J.P... $100, 2nd offence $100 or 6 mos. w. or w. h. 1. possession awful Sum. 1 J.P... $25. H. C. A G. S. 7 yrs. H. C. A G. S. 3 yra. craft .... H. C. A G. S. lyr. PART XXIX. UHEUY AND EXTORTION. robbery.. PI. C. A G. S. Imp. for life and whipping H. C. A G. S 14 vrs. H. C. A G. S. 3 yra. H. C. A G. S. Imp. for life or 5 yrs. uments bv H. C. A G. S. Imp. for life. property H. C. A G. S. 14 vrs. teal H. C. A G. S. 2 yrs. s H. C. A G. S. 14 yrs. H. C. A G. S. 7 yrs. K PART XXX. BOBaLABLY AND HoUSEBREAKINi Tribunal. 408. Breaking place of worship and oom- mitting o£fence H. C. <& G. E 409. Breaking place of worship with intent to commit offence H. C. & G. f 410. Burglary H. C. & G. £ 411. Housebreaking and committing an in- dictable offence H. C. «S5 G. E 412. Housebreaking with intent to commit an indictable offence H. C. & G. E 413. Breaking shop and committing an indictable offence H. C. & G. E 414. Breaking shop with intent to commit an indictable offence H. C. & G. E 415. Being found in dwelling-house by night H.C.ifcG.e 416. Being armed with intent to break a dwelling-house .... H. C. <& G. E 417. Being disguised or in possession of housebreaking instruments , . H. 0. & G. { 418. Punishment after previous convic- tion H. C. «& G. £ PART XXXI. FOKGEKY. Tribunal. 423. Punishment of forgery .......... ,\.. H. C. & G. £ 424. Uttering forged documents H. C. & G. 5 425. Counterfeiting seals H. C & G. i 420. Counterfeiting seals of courts, registry offices, etc H. C. & G. £ 427. Unlav-'fully printing proclamationjetc. H. C. & G..£ 428. Sondint; telegram in false names .... H. C. & G. S 429. Sending false telegram H. C. & G. { 430. Possessing forged bank notes H. C. & G. f 431. Drawing document without authority. H. C. & G. £ 432. Using probate obtained by. forgery or perjury H. C. & G. J PART XXXII. Preparation for Forgery and Offences Rei 435. Counterfeiting stamps H. C. & G. J 436. Falsifying registers H. C. & G. £ 437. Falsifying extracts from registers.... H. C. & G. £ 438. Uttering false certificates '.....'.'..'..'.. H. C. & G. f '489. Forging certificates H. C. «fc G. S -440. Making false entries in books relating to public funds H. C. & G. { fi PART XXX. JABLY AND HOUSEBBEAKINO. Tribunal, Punishment, and oom- H. C. <& G. S. 14 yrs. vith intent H. C. & G. S. 7 yrs. H. C. & G. S. Imp. for life. ting an in- H. C. & G. S. 14 yrs. to commit H. G. & G. S. 7 yrs. litting au H. C. «fe G. S. 14 yrs. to commit H. C. & G. S. 7 yrs. •house by H. C. »S5 G. S. 7 yrs. to break a H. 0. & G. S. 7 yra. )seasion of nts H. 0. & G. S. 5 yrs. 18 convic- H. C. & G. S. 14 yrs. s I I PART XXXI. FOKGERY. Tribunal. PunishiMnt, ....'/..'... U.C. & G.S. Imp. for life, 14 yra., 7 yrs- i ........ . H. C. & G. S. Same as forgery. H. C. & G. S. Imp. for life. ts, registry H. C. & G. S. 14 yrs. nation^eto. H. C. & G.S. 7 yrs. lames H. C. & G. S. As for forgery. H. C. & G. 8. 2 yrs. 38 H. C. & G. S. 14 yrs. authority. H. C. & G. S. As for forgery. forgery or H. C. & G. S. 14 yrs. PART XXXII. EOERY ■ AND OfFENCES RESEMBLING FORGEftY. H. C. & G. S. 14 yrs. H. C. & G. 8. 14 yrs. igisters. . . . H. C. & G. 8. 10 yrs. .:.:;.;.:. h. c. & g. s. 7 yrs. • • H. C. & G. 8. 2 yrs. >ks relating H.C. & G. 8. 14 yrs. I Si! 2 TribHiutl. 441. Clerks iflBuingfAlse dividend warrants. H. C. & O. S. 44*2. Printing circulars, etc., in likeness of notes Sum. 2J.P... PART XXXIII. FonoERY or Trade Marks — Fraudulent Markini 460. Forgery of trade marks, etc H. C. H,ial. PunUhmmt. Sum UP... n.ex. »60. roBoevor ''''"'"'" Rum IJ.P... »25 over and above damage *'"'"• ^'''*'-" ' yr 2 moH., 2nd offence 960 or 4 mo». h. I. ductlona UP... »20or 8 moB. imp. w.or w. ^""^' * '^•'^ • • • ' J, 1^ 2nd offence indlot- able 2 yrs. "^P''^"!' sum. 1 J.P.. »6 over and aW injury done, or 1 mo. w. or w. h. 1.. 2nd offence, 8 moB. a n « Hnm UP .. »20,andalson.ex.»20com. led for.. Sum. IJ.r... ''"'j^^^^ioo ^iti, coats, or unp.n.ex.2moB.w.orw. ta.l. PART XXXVIII. )UDELTY TO AnIMALS. . 8um.2.1.P... »50or8moB.w.orw.h.l.. or both. , . 8um.2J.P... »oOoramo8.w.orw.h.l.. or botu. Co Tribunal. PunUhment. e Sum. IJ.P... »100. lalty for refus- ,ce officer Sum, IJ.P.. . $5 to $20 or 30 days. PAKT XXXIX. CTKD WITH TkADK AND BrKACHES OF CONTRACT. nt of trade . . H. C S200 to $4,000 or 2 yrs. it of trade . . H. C »1,000 to $10,000. itract H. C. & G. S. $100 or 3 moa. Sum. 1 J.P. . . $100 or 3 mos. 'iaioua respect- a of contract. . Sura. 1 J.P.. . $20 for every day. le Sum. IJ.P... $10. H. C. & G. S. Sum. 2 J.P, . . $100 or 3 mos. w. or w. h. 1. •son to prevent it any trade . . H. C. & G. S. 2 yrs. son to prevent t, etc. Unlaw- nen from work- H. C. & G. S. Sum. 2 J.P... N. ex. $100 or 3 mos. w. or w. h. 1. it him bidding H.C $400or 2 yrs., or both. i I PAKT XL. ATTrMPTH— CoNHMBArHH — Ac Tithulu 627. ConMi)irii.« to commit an imUcUble offi'iice II. C... 628. Atteinptin« to commit oertiiln Indict- able offwnoi'd 11. C. . . . 829. Attoni|.tin« to commit otiier indict' uble ofTenoes 11 C 680. Attempting to commit ntatutory offen- oei II. C... 881. AcceBHories after tlio foct to certain iiiciictable (>f>oncoB II. C... 6t1. AcceHBorios after the fact to other in- dictable offouceu II. C. . . . Sec. 9/58. Evorycourtof criminal jurisdiction an before wliom any perHon nhall be convicted of an offo death, nhall have power in addition to any Hentonc require him forthwith to enter into IiIh own recoKni/i the peace and be of ^'ood behaviour for any term n Buch person in default shall be impriaoned for nol expiry of hia impriHonment under IiIb sentence or un entered into or such Becurity sooner tiiven, and any p ofTenco punishable with impl•i^onmont for Ave yeare to or in lieu of any punishment otherwise authorized direct that in default of payment of his fine theperaoi until such fine is paid, or for a period not exceeding; t\ of the term of imprisonment awarded by the senten require. Sec. 959. Whenever any person is charged before by summary conviction, which in the opinion of 8U( peace, and the justice after hearing the case is aatisfie that the offence wos under circumstances which ren convicted will be again guilty of the same or some unless he is bound over to good behaviour, such justice any other sentence which may be imposed upon accus into his own recognizances, or to give security to behaviour for any term not exceeding twelve months. I'Arrr xl. rVPTd — CoNHMBiCirH — Aft'KBHOniKH. Tiihunal. I'unhhmtut. an iiidlcUblo oertAin indict- ) otliur indict- II. C!. II C. 7 yrn. 7 yru. Utttutoryoffon. foct to oertuin H. C Onc-lmlf longeat term for offuncea. II. C. II. C. ct to other in- 1 yr. 7 yr. II- C Onoliftlf longoBt term for offence. criminal jurisdiction and every nmgiatrate under sec. 782 .11 be convicted of an offence and Hiiall not be sentenced to addition to any Hentonco impoHcd upon such perBon, to er into hin own reco>»ni/an> i, or to give security to keep sliavionr for any term not exceeding two years and that 1 be imprisoned for not more than one year after the under his sentence or until auch recognizances are sooner sooner given, and any person convicted of an indictable S I 5 u"i^onmoMt for Ave years or less may be fined in addition ent otherwise authorized, in which case the sentence may nent of his fine the peraon so convicted shall be imprisoned a period not exceeding two years, to commence at the end b awarded by the sentence or forthwith as the case may person is charged before a justice with an offence triable ch in the opinion of such justice is directly against the learing the case is satisfied of the guilt of the accused, and ircumstances which render it probable that the person !y of the same or some other offence against the peace, od behaviour, such justice may in addition to, or in lieu of, .y be imposed upon accused require him forthwith to enter , or to give security to keep the peace and be of good exceeding twelve months. 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